Gonar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41731 of 2022 Arising Out of PS. Case No.-56 Year-2021 Thana- NADI District- Supaul ====================================================== Gonar Sada Son of Late Yadu Sada, R/o Village- Koni Panchgachiya, Ward No.-5, P.S.- Supaul Nadi, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivek Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 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 Supaul Nadi P.S. Case No. 56 of 2021, lodged under Sections 25(1-B)a, 26 and 35 of the Arms Act.

As per prosecution case, the recovery of one single barrel gun and 18 live cartridges were alleged to be made in a box of petitioner's house made up of asbestos. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is a man of clean antecedent and he is in custody since 17.09.2021.

Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.41731 of 2022(2) dt.01-11-2022 2/2 In the present facts and circumstances of this case and the submissions made above and considering the period of custody, 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 Judicial Magistrate, 1st Class, Supaul in connection with Supaul Nadi P.S. Case No. 56 of 2021, 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 affidavit before the court about his relationship with the petitioner.

With this observation, the bail application stands allowed.

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