Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39437 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Nitish Kumar Son Of Shyam Nandan Ray Resident Of Village- Shekhopur Dariya, Ps- Bhagwanpur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Samarjeet Singh For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 29 of 2023, registered for the offences punishable under Section 25(1-B)a, 26 and 35 of the Arms Act.
As per allegation, one country made pistol and two live cartridge were recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that alleged seized arms does not belong to the petitioner, in fact the same belongs to one Prince Kumar. It is further submitted that the seizure has not been made as per law as provided under Cr. P.C.
Patna High Court CR. MISC. No.39437 of 2023(2) dt.07-07-2023 2/3 He further submits that the petitioner has been languishing in jail since 07.02.2023.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, learned APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of 10,000/- (Ten Thousand) with two sureties of the like ₹ amount each to the satisfaction of the concerned Court in connection with Bhagwanpur P.S. Case No. 29 of 2023, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
Patna High Court CR. MISC. No.39437 of 2023(2) dt.07-07-2023 3/3 (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has concealed his criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.
Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) Amrendra/- U T