Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29242 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== RAVI KUMAR S/o Ashok Yadav Resident of Village- Gidarahi, P.S.- Kumar Khand, O.P.- Belari, District- Madhepura (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-06-2022 Learned Counsel for the petitioner is permitted to make necessary corrections in the first paragraph and prayer portion of this application in course of the day. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kumarkhand (Bellari O.P.) Police Station Case No. 08 of 2021, registered for the offences punishable under Sections 25 (1B)A/26 of the Arms Act. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was dismissed as withdrawn, vide order, dated 16.12.2021, passed in Criminal Misc. No. 32253 of 2021, giving liberty to the petitioner to renew his prayer for bail after three

Patna High Court CR. MISC. No.29242 of 2022(3) dt.29-06-2022 2/3 months from the date of the order.

The prosecution case, as per the First Information Report, is that one loaded country-made pistol along with one live cartridge was recovered from the possession of the petitioner while the police raided the house of the petitioner. Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 16.12.2021. He further submits that the petitioner is in custody since 09.01.2021, having no criminal antecedent and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

After having heard learned Counsel for the parties and taking into consideration the observation made by this Court, in the order, dated 16.12.2021 and the fact that the petitioner is in custody since 09.01.2021, having no criminal antecedent, charge sheet has already been submitted and this is second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.29242 of 2022(3) dt.29-06-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Kumarkhand (Bellari O.P.) Police Station Case No. 08 of 2021.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √