Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32960 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== KAUSHAL KUMAR SON OF SUNIL KUMAR @ SUNIL KUMAR SAHNI R/O VILLAGE- KACHCHI PAKKI ATARDAH, P.S.- MUZAFFARPUR SADAR, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Patepur P.S. Case No. 334 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, there is alleged recovery of one loaded country made Katta alongwith one live cartridge from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 13.12.2022. Petitioner bears one criminal antecedent in which he is on bail. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel

Patna High Court CR. MISC. No.32960 of 2023(2) dt.24-06-2023 2/3 further submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. Merely on suspicion, the petitioner has been implicated in this case.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named 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 Judicial Magistrate-Ist Class, Vaishali at Hajipur in connection with Patepur P.S. Case No. 334 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will

Patna High Court CR. MISC. No.32960 of 2023(2) dt.24-06-2023 3/3 remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T