Nakul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29742 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- DANDARI District- Begusarai ====================================================== NAKUL KUMAR Son of Suresh Prasad Singh Resident of Village-Haripur, P.S.-Alouli, Distt.-Khagaria.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Dandari P.S. Case No. 79 of 2021 registered for the offence under Sections 399, 402 and 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 30.08.2021 The allegation against the petitioner is to involved in preparation of dacoity along with other co-accused persons and while preparing so, found in possession of one country made pistol along with 07 live cartridges.
Patna High Court CR. MISC. No.29742 of 2022(3) dt.12-12-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that recovery of alleged firearms were not made from conscious physical possession of the petitioner. It is also pointed out that the witness of seizure list appears police personnels, not independent witnesses, which makes it doubtful. It is further submitted that nothing surfaced/recovered, during course of investigation, which may suggest that the gathering of this petitioner along with other co-accused persons, was in connection with preparation as regard to dacoity and just to aggravate the matter, the present false allegation was made. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as, petitioner is in custody since 30.08.2021, having clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dandari P.S.
Patna High Court CR. MISC. No.29742 of 2022(3) dt.12-12-2022 3/3 Case No. 79 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 9th Begusarai/concerned court, subject to the following conditions: "(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors of the petitioner shall be deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/- U T