Nandan @ Ravi Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34460 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- SANDESH District- Bhojpur ====================================================== NANDAN @ RAVI NANDAN KUMAR, S/o Dinesh Singh Resident of Village- Sambhal Tola, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Singh, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sandesh P.S. Case No. 267 of 2021 registered for the alleged offences under Sections 392, 412, 414 and 411 of the Indian Penal Code and Section and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, police received information about criminals snatching money from the truck drivers at gun point. A raid was conducted and 6-7 miscreants were found looting money from the truck drivers at gun point. The

Patna High Court CR. MISC. No.34460 of 2022(2) dt.23-09-2022 2/3 miscreants were apprehended and petitioner is one such miscreant and from his possession a loaded country made pistol with one live cartridge was recovered.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. During course of investigation, no witness has come forward to allege anything against the petitioner. All the witnesses on the seizure list are police personnel and no independent witnesses signed the list. Two co-accused persons namely Sonu Kumar and Deepak Kumar Chandravanshi have been granted bail by the learned trial court. Charge sheet has been submitted in this case and the petitioner is in custody since 17.12.2021.

Learned APP for the State opposes the prayer for bail of the petitioner submitting that the petitioner is having criminal antecedent.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.34460 of 2022(2) dt.23-09-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur Ara in connection with Sandesh P.S. Case No. 267 of 2021, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T