Basukinath Singh @ Bhsukinth Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36864 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== BASUKINATH SINGH @ BHSUKINTH SINGH SON OF LATE LAL BAHADUR SINGH R/O- MAHULI, P.S.- DIDARGUNJ, DIST.- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing in view of the COVID 19.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is an accused in connection with Didarganj P.S. Case No. 66 of 2022 under Sections 25 (1-b) a/ 26 of the Arms Act.
As per the prosecution story, the police in course of patrolling, intercepted a person who was trying to escape and upon search, two country-made revolver and two live cartridges were recovered from the blue bag. As he failed to submit documents relating to the said arms, seizure list was prepared, FIR lodged and he was taken into custody.
Patna High Court CR. MISC. No.36864 of 2022(2) dt.23-09-2022 2/3 Learned counsel for the petitioner submits that despite the fact that he do not have criminal antecedent, he has been dragged in this case and is in custody since 13.03.2022 (as stated in paragraph-14 of the bail application). Considering the fact he is in custody since 13.03.2022 and charge sheet stands submitted, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned ACJM-IV, Patna City, District-Patna in connection with Didarganj P.S. Case No. 66 of 2022, subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;
Patna High Court CR. MISC. No.36864 of 2022(2) dt.23-09-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/NehaU T