Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39349 of 2022 Arising Out of PS. Case No.-699 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AKASH KUMAR S/o Nilendra Kumar Singh @ Nilendra Kumar R/o Mohalla- Sarvodaya Nagar, Ward No. 40, P.S.- Town, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate Dr. Alok Kumar, Advocate For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Nagar P.S. Case No. 699 of 2019 , registered for the offences punishable under Sections 25 (1-B) a, 26 and 35 of the Arms Act.

The police party raided the house of the petitioner. A country-made pistol and eight cartridges were recovered from his person.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He is under custody since 30-11-2019 and in most of the cases as mentioned in

Patna High Court CR. MISC. No.39349 of 2022(2) dt.03-11-2022 2/2 paragraph No. 3 he has been granted bail.

On the other hand the learned Additional APP has opposed the prayer for bail and submitted that the petitioner is a veteran criminal and he is accused in number of cases. Considering the nature of allegation and also considering the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai in connection with Town P.S. Case No. 699 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) prabhat/-HR U T