Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41320 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Alok Kumar S/O Subodh Singh @ Subodh Kumar, R/o village- Pahsara, P.S.- Nowkothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sucheta Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 The matter has been listed today for consideration through virtual mode.

Heard learned counsel appearing on behalf of the petitioner as well as learned Additional Public Prosecutor appearing for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 11.01.2021 seeks regular bail in connection with Nawkothi P.S. Case No.06/2021 registered for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

Prosecution case in brief, is that on 09.01.2021 the informant on secret information recorded the self statement near the house of Alok Kumar and found that accused person with

Patna High Court CR. MISC. No.41320 of 2021(2) dt.20-01-2022 2/3 lethal weapon riding at Basbutti near Dera of Mukund Singh and on search one empty magazine and carbine was recovered from the possession of the petitioner and other weapons from the possession of other co-accused.

Learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 11.1.2021. and there is no allegation of tampering the evidence or influencing the witness.

Learned APP for the State, however, opposes the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case, period of custody and there is no allegation of tempering the evidence or influencing the witnesses, the petitioner above named, be released 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 Judicial Magistrate, Ist, Begusarai in connection with Nawkothi P.S. Case No.06/2021, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.41320 of 2021(2) dt.20-01-2022 3/3

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Prakash Narayan /- U T