Panna Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30592 of 2025 Arising Out of PS. Case No.-23 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Panna Lal S/o- Late Rambali Rai @ Bali Ray R/o- Bilandpur, Ps-Mahinwara, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suryajit Prakash, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-05-2025 Heard Mr. Suryajit Prakash, learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Koilwar P.S. Case No. 23 of 2023, F.I.R. dated 22.01.2023 registered for the offences punishable under Sections 414, 467, 468, 471 of the Indian Penal Code read with Section 34 and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The case relates to recovery of one country made pistol, one mobile and several metal sculptures and crowns.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case on the basis of disclosure made by co-accused person namely Dil Kumar and as per allegation in the F.I.R., the petitioner was fled away from the place of occurrence. He further submits

Patna High Court CR. MISC. No.30592 of 2025(2) dt.14-05-2025 2/3 that it appears from the F.I.R. as well as seizure list that no incriminating article has been recovered from the possession of coaccused person and petitioner has no concern at all with the present occurrence and he has been made accused merely on the basis of disclosure made by co-accused person and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner carries one more case other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that the name of the petitioner has been transpired on the basis of disclosure made by co-accused person, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Koilwar P.S. Case No. 23 of 2023, subject to the conditions as laid down under

Patna High Court CR. MISC. No.30592 of 2025(2) dt.14-05-2025 3/3 Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court 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 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T