Lokesh Kumar @ Lokesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31090 of 2022 Arising Out of PS. Case No.-255 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== LOKESH KUMAR @ LOKESH THAKUR S/o Bindeshwar Thakur @ Bindeshwar Thakur Resident of Village- Fardo Gola Sir Ganesh Datt Nagar, Road No.05, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and Mr. Fahimuddin, learned A.P.P. for the State.
This is the second attempt of the petitioner to obtain regular bail in connection with Session Trial No. 56 of 2021 arising out of Sadar P.S. Case No.255 of 2021 registered for the offences punishable under Sections 25(1b)a/26/35 of the Arms Act. He is in custody since 15.05.2020. He has got two criminal antecedents. Earlier the prayer for bail of the petitioner was rejected vide order dated 25.01.2021 in Cr. Misc. No. 30539/2020 considering the seriousness of the offence. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Having regard to the facts and circumstances of
Patna High Court CR. MISC. No.31090 of 2022(4) dt.11-01-2023 2/3 the case particularly the period of custody being since 15.05.2020 and that the trial has yet not begun, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IInd, Muzaffarpur in Session Trial No. 56 of 2021 arising out of Sadar P.S. Case No.255 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.
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.
And further condition that the petitioner shall be obliged to put his appearance on each and every date during the course of trial and non-appearance on two consecutive dates without there being any cogent reason shall invite
Patna High Court CR. MISC. No.31090 of 2022(4) dt.11-01-2023 3/3 action towards cancellation of the bail.
The application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T