Birbal Kumar @ Birbal Saday @ Birbal Kumar Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38024 of 2022 Arising Out of PS. Case No.-39 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Birbal Kumar @ Birbal Saday @ Birbal Kumar Sadai S/O Ram Prasad Saday, Resident Of Village- Narpati Nagar, P.S.- Sakri, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-10-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jaynagar P.S. Case No. 39 of 2022 lodged under Section 414 of Indian Penal Code read with section 25(1-b)a and 26 of the Arms Act.

As per prosecution, the recovery of one desi loaded pistol alongwith one live cartridge and other mobile etc. were made from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner's antecedent is clean and he is in custody since 14.02.2022 in this case. He further submits that there is a gross

Patna High Court CR. MISC. No.38024 of 2022(2) dt.10-10-2022 2/3 violation of section 100 of Cr.P.C. and defective seizure list has been prepared. He further submits that informant himself become a witness in the seizure list.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Jaynagar P.S. Case No. 39 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.38024 of 2022(2) dt.10-10-2022 3/3 furnishing of bail bond that they shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T