Keshav Kumar @ Punnu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31889 of 2022 Arising Out of PS. Case No.-166 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== Keshav Kumar @ Punnu Singh S/o Jitendra Singh Resident of Village- Katra, P.S.- Katra, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Singh, Adv.
For the Opposite Party/s :
Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Katra P.S. Case No. 166 of 2021 lodged under Sections 414, 420, 120(B)/34 of the I.P.C. read with Sections 25(1-B)a, 26, 35 of the Arms Act and Sections 20/22 of N.D.P.S. Act. As per the prosecution case, the name of petitioner has come by virtue of the confessional statement of the coaccused and recovery was made from the possession of other co-accused Munna Kumar Singh alongwith semi-automatic pistol and 5 cartridges alongwith 500 gm of Charas. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.31889 of 2022(4) dt.30-11-2022 2/3 petitioner is innocent and has committed no offence. Counsel submits that no incriminating articles have been recovered from his possession. Counsel submits that petitioner is in custody since 05.01.2022 having 5 criminal antecedent pending against him in which he is on bail in all cases. Charge sheet has already been filed in this case. Counsel submits that other similarly situated person has also been granted bail by the Co-ordinate Bench of this Court vide order dated 26.11.2021 passed in Cr. Misc. No. 50631 of 2021.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. District & Sessions Judge, Muzaffarpur in connection with Katra P.S. Case No. 166 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates
Patna High Court CR. MISC. No.31889 of 2022(4) dt.30-11-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T