Ranjeet Kumar @ Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43574 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- NAUTAN District- West Champaran ====================================================== RANJEET KUMAR @ RANJIT KUMAR S/o Late Kashi Prasad R/o villageDubaulia, P.S.- Bairiya, District- West Champaran at Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upadhyay Saurabh Kumar, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 07.02.2021, seeks regular bail in connection with Nautan P.S. Case No. 57 of 2021, for the offence punishable under Section 25(1-b)a, 26 of the Arms Act.

The prosecution case, in brief, is that in course of vehicle checking, one person came on motorcycle from the side of Mangalpur, who was signaled to stop but the said person tried to flee away. He was caught and on query, he disclosed his name as Ranjeet Kumar (Petitioner). On search, ten live cartridges were recovered from the possession of the petitioner. On query,

Patna High Court CR. MISC. No.43574 of 2021(2 ) dt.01-02-2022 2/3 he further disclosed that he as kept a single barrel gun in his bed room under the bed. Thereafter, informant arrested the accused and also seized motorcycle bearing registration No. BR-05Y1500. On search of house of petitioner, a single barrel gun was recovered. Accordingly, seizure-list was prepared. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that petitioner has clean antecedent. He further submits that petitioner is not the owner of the said motorcycle. He further submits that petitioner is in custody since 07.02.2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the above mentioned facts and circumstances of the case, the petitioner is not the owner of the motorcycle from which ten live cartridges were recovered, the petitioner is in custody since 07.02.2021, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, West Champaran at Bettiah in connection with Nautan P.S. Case No. 57 of 2021, subject to the following

Patna High Court CR. MISC. No.43574 of 2021(2 ) dt.01-02-2022 3/3 conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T