Paras Kumar @ Parash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32443 of 2022 Arising Out of PS. Case No.-130 Year-2021 Thana- BANGAWON District- Saharsa ====================================================== PARAS KUMAR @ PARASH KUMAR Son of Satya Narayan Mahto @ Nunulal Mahto @ Satya Narayan Mehto @ Nunulal Mehta Resident of Village - Murli Basantpur Ward no.13, P.s.- Bangaon, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bangaon P.S. Case No. 130 of 2021 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. As per seizure list, there is alleged recovery of one live cartridge from left pocket of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 06.10.2021 and bears criminal antecedent of two cases. Charge sheet has been submitted in the case and there is no likelihood of tampering with the

Patna High Court CR. MISC. No.32443 of 2022(2) dt.31-08-2022 2/3 prosecution evidence. He further submits that petitioner has been dragged in this case due to dirty village politics. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Saharsa in connection with Bangaon P.S. Case No. 130 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.32443 of 2022(2) dt.31-08-2022 3/3 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T