Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39208 of 2021 Arising Out of PS. Case No.-585 Year-2020 Thana- CHANDI District- Nalanda ====================================================== Suraj Kumar Son of Sanjay Kumar Resident of Village- Laxmi Bigha, P.S.- Chandi, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Chandi P.S. Case No. 585 of 2020, registered for the offence under Sections 25(1-b)a / 26 / 35 of the Arms Act.

On a secret informant, a raid was conducted and two co-accused persons namely Krishna Murari @ Sonu and Rajiv Kumar were apprehended by police with arms and ammunition, who disclosed that petitioner had handed over arms and ammunition to them.

It is submitted on behalf of petitioner that no arms or ammunition has been recovered from the possession of the petitioner and petitioner has been made accused on the basis of confessional statement of co-accused, who were arrested by the police. Petitioner is in custody since 22.01.2021.

Patna High Court CR. MISC. No.39208 of 2021(2) dt.01-10-2021 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, District - Nalanda in connection with Chandi P.S. Case No. 585 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T