Anand Mohan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41387 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== ANAND MOHAN SON OF ARUN KUMAR SINGH Resident of Village - Ward No.2, Mahisour, P.S.- Mahisaur, Distt.- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :
Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of 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 09.02.2021 seeks regular bail in connection with Jandaha P.S. Case No. 27 of 2021 registered for offences punishable under Sections 25(1B)a, 26 and 35 of the Arms Act. Prosecution case in brief is that while the police was on night patrolling duty, got a secret information that in villagePirapur East Pokhara, two persons armed with weapons were standing there who were got apprehended and on search, one country-made pistol along with two live cartridges were
Patna High Court CR. MISC. No.41387 of 2021(2) dt.20-01-2022 2/3 recovered from the possession of Anand Mohan (petitioner) and four live cartridges were recovered from the possession of coaccused Suraj Kumar. Learned counsel on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that nothing has been recovered from the conscious possession of the petitioner and the petitioner has been made accused in this case just because he is involved in several other criminal cases pending against him. He further submits that petitioner is in custody since 09.02.2021 and he undertakes that he will not get himself involved in any other criminal case.
Learned A.P.P., however, opposes the prayer for bail. Considering the facts and circumstances of the case as well as there being no allegation of tampering the evidence or influencing the witnesses and no likelihood of trial being concluded in near future, the petitioner above named is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 27 of 2021 with a condition that he will mark his
Patna High Court CR. MISC. No.41387 of 2021(2) dt.20-01-2022 3/3 attendance daily at 8 a.m. in the morning before the S.H.O., of Jandaha Police Station who will submit monthly report of attendance to the S.P., Vaishali and on any single default of attendance, the bail bond of the petitioner shall be cancelled. The other conditions are as follows:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) 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) Niraj/- U T