Subal Vats v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.355 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== SUBAL VATS Son of Sri Sanjesh Ranjan Tiwary @ Rajesh Ranjan Tiwary N/2- Professor Colony, Astha Lok Hospital, Kankarbagh, P.S.- Patrakarnagar (in the impugned order its has wrongly been typed as Kankarbagh), DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocatge Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Kadamkuan PS Case No. 279 of 2020 registered under Sections 25(1-b)a, 26 and 27 of the Arms Act. A birthday party was live on Facebook, wherein celebratory firing was also being done. The police have come to the place from where several arms and illicit liquor have been recovered. It is submitted by learned Counsel for the petitioner that he bears a clean past. He was a bonafide invitee at the birthday party, and has become victim of the circumstances. There is no recovery of any arms or ammunition from the petitioner's possession. Regarding recovery of arms alleged from the room, it is stated that the petitioner had no knowledge. Altogether sixteen persons have been named accused, and six are said to have been enlarged on bail. The

Patna High Court CR. MISC. No.355 of 2021(2) dt.22-02-2021 2/2 petitioner is said to be in custody since 2.7.2020. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM XII, Patna in Kadamkuan PS Case No. 279 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T