Abhishek Kumar @ Bokuli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37584 of 2020 Arising Out of PS Case No.-224 Year-2020 Thana- KASIMBAZAR District- Munger ====================================================== Abhishek Kumar @ Bokuli, aged about 22 years (Male), Son of Sanjeev Poddar, Resident of Village/Muhalla-Near Masjid Maksaspur PS-Kasim Bazar, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021 Heard Mr. Sanjiv Kumar Singh, learned counsel for the petitioner and Mr. Md. Arif, learned In-charge Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Kasim Bazar PS Case No. 224 of 2020 dated 24.08.2020, instituted under Sections 25 (1-A)/ 25 (1-AA)/ 25 (1-B) (a)/26 (1) (2) (3) and 35 of the Arms Act, 1959.

3. The allegation against the petitioner is that from his possession two live cartridges were recovered.

4. Learned counsel for the petitioner submitted that the recovery is false as the same has been planted on him. It was

Patna High Court CR. MISC. No.37584 of 2020 dt.05-02-2021 2/3 submitted that the petitioner having no criminal antecedent is in custody since 24.08.2020.

5. Learned APP submitted that there is recovery of two live cartridges from the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in Kasim Bazar PS Case No.224 of 2020, subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates,

Patna High Court CR. MISC. No.37584 of 2020 dt.05-02-2021 3/3 without sufficient cause, shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T