Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35570 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- KATRA District- Muzaffarpur ====================================================== Satish Kumar Son Of Awadh Kishore Yadav Resident of village- Kamalpur Bithraul, P.S. - Baruraj, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar, Advocate.
For the Opposite Party/s :
Mr. Ram Naresh Ray, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-09-2022 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.
Heard Mr. Prabhat Kumar, learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail, who is in custody in connection with Katra P.S. Case No. 91 of 2022 for the offences punishable under Sections 399 and 402 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances, Act.
The police on a secret information with regard to assemblage of miscreants, raided the place of occurrence and apprehended three persons and on search one loaded country made pistol and one live cartridge were recovered. It is also alleged that on noticing the police party, other accused persons
Patna High Court CR. MISC. No.35570 of 2022(2) dt.26-09-2022 2/3 succeeded to flee away.
It is submitted by the learned counsel appearing on behalf of the petitioner that in fact nothing has been recovered from the person and possession of the petitioner, however, on suspicion petitioner was apprehended and thereafter, some altercation took place between the petitioner and the police and his name has been implicated in this case showing recovery from him. He further submitted that petitioner is in custody since 15.03.2022 and moreover, after completion of investigation, charge-sheet has been submitted. He also submitted that there are other infirmities in preparation of seizure list.
On the other hand learned APP for the State opposed the bail application and submitted that the petitioner was caught red-handed along with fire arm.
Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is in custody since 15.03.2022 and the investigation of the crime is already completed and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.35570 of 2022(2) dt.26-09-2022 3/3 Sessions Judge-cum-Special Judge, Muzaffarpur, in connection with Katra P.S. Case No. 91 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) manoj/- U T