Arbind Kumar @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41647 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== ARBIND KUMAR @ ARVIND KUMAR Son of Rambahadur Sah Resident of village- Methanapur, P.S. - Minapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Minapur P.S. Case No. 77 of 2020 registered under Sections 399, 402, 414 of the IPC and Sections 25(1-b)a, 26, 35 of the Arms Act. According to prosecution case, having got secret information police nabbed three miscreants and several firearms were recovered from their possession. Petitioner is said to have escaped from the place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has

Patna High Court CR. MISC. No.41647 of 2021(2) dt.22-12-2021 2/3 falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has come in confessional statement of co-accused Awadhesh Rai @ Bakariya. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner is in custody since 11.09.2020.

The learned Additional Public Prosecutor opposed the prayer of bail submitting that petitioner carries two criminal antecedent.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, 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 learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Minapur P.S. Case No. 77 of 2020, subject to 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 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.41647 of 2021(2) dt.22-12-2021 3/3

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. 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.

(Rajesh Kumar Verma, J) shahzad/- U T