Gaurav Kumar@Pota v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31024 of 2022 Arising Out of PS. Case No.-593 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Gaurav Kumar @ Pota Son Of Rajkumar Rai @ Rajkumar Ray, R/O- VillGachhi Tola In front Of Malgodown, P.S.- Town, Dist.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 593 of 2021 lodged under Sections 25(1-b)a and 26 of Arms Act.

As per prosecution case, the name of the petitioner has figured in this case by virtue of confessional statement by the I.O. of the police, who upon disclosure of the accused of another case caught the petitioner and on the self statement of the petitioner the recovery of arms has been made. Learned counsel for the petitioner submits that the arms has not been recovered from conscious possession of the

Patna High Court CR. MISC. No.31024 of 2022(2) dt.05-12-2022 2/3 petitioner. He further submits that petitioner is in custody since 25.09.2021 and there is one criminal case pending against the petitioner in which he is on bail.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 593 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, his bail shall be cancelled. B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.31024 of 2022(2) dt.05-12-2022 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T