Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40412 of 2022 Arising Out of PS. Case No.-231 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== VIKASH KUMAR, S/o Sarwan Kr. Singh @ Sarwan Singh Resident of Village - Simariya, P.S.- Barauni, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Barauni P.S. Case No.231 of 2022 instituted under Sections 25(1-b) a,27,35 of the Arms Act.

As per the prosecution story, the police upon night patrolling got information that the accused persons were firing whereafter the villagers caught hold of them and accordingly proceeded and found that the villagers have caught hold of him and made him sit on the ground and beside him was a revolver and a cartridge were also found which was seized. Accordingly,

Patna High Court CR. MISC. No.40412 of 2022(2) dt.13-10-2022 2/3 FIR lodged and he was taken into custody.

Taking into account the fact that the petitioner is in custody since 24.05.2022, charge-sheet stands submitted, this Court is inclined to grant him privilege of bail with conditions in view of the fact that he has number of criminal cases under his belt.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Barauni P.S. Case No.231 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Begusarai , subject to following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall leave his district (Begusarai) for a period of one month(s) after providing name and address and police station of his place of stay during the said period and he shall be duty bound to visit the police station concerned

Patna High Court CR. MISC. No.40412 of 2022(2) dt.13-10-2022 3/3 (where he will stay) every week to mark his attendance; (iv) upon return to his district, he shall visit the concerned police station every fortnight for the next six months to mark attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T