Alok Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40367 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== ALOK SINGH S/O LATE VINAY SINGH R/O VILLAGE- MORSAN, PS. RUNNI SAIDPUR, DIST. SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 79 of 2022, corresponding to G.R. No. 320 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. As per prosecution case, there is alleged recovery of one country made pistol as well as one mobile from the petitioner.
4. Learned counsel for the petitioner submits that petitioner is in custody since 01.03.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution
Patna High Court CR. MISC. No.40367 of 2023(2) dt.19-07-2023 2/3 evidence. He further submits that petitioner has falsely been implicated in this case.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 79 of 2022, corresponding to G.R. No. 320 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for
Patna High Court CR. MISC. No.40367 of 2023(2) dt.19-07-2023 3/3 cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) shahzad/- U T