Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31820 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- SARMERA District- Nalanda ====================================================== GANESH KUMAR S/o Ramshlok Prasad Resident of Village- Krishna Bigha, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and sections 25(I-b)a, 26, 35 of the Arms Act. As per allegation acting on a tip off, police reached at the spot and seeing the police, miscreants started fleeing away, out of them four miscreants have been apprehended.

The main submissions advanced by Sri Raj Kishore Prasad, the learned counsel appearing for the petitioner are that petitioner has been languishing in jail since 3.6.2021 and nothing has been recovered from the possession of this petitioner. Sri Rajeev Nayan, learned APP appearing for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.31820 of 2022(2) dt.30-08-2022 2/3 Heard both sides and perused the FIR as well as seizure list attached to the FIR. In the present case, petitioner and three coaccused persons were arrested at the spot and as per prosecution they had gathered there to commit dacoity. Though petitioner has criminal antecedent of six cases but as per FIR no incriminating article was recovered from his possession and he is stated to be member of the gang.

Considering these facts, mainly taking into account petitioner's custody period and the fact that no incriminating article was recovered from his possession, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Sarmera P.S Case No. 111 of 2021 on the following conditions:-

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

(3) One of the bailers shall be close relative of the

Patna High Court CR. MISC. No.31820 of 2022(2) dt.30-08-2022 3/3 petitioner who has sworn affidavit in this miscellaneous petition. (Shailendra Singh, J) s.hassan/- U T