Bechan Kumar @ Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46811 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== BECHAN KUMAR @ BECHAN YADAV SON OF ASHOK YADAV VILLAGE- SHAHPUR, P.S.- SONBARSA RAJ, DISTT.- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-07-2024 Heard learned Advocate for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Sonbarsa Raj P.S. Case No. 260/2023 registered for the offence punishable under Sections 25(1-B)a, 26 of the Arms Act.

3. The police apprehended the petitioner with the loaded country made pistol.

4. Learned Advocate for the petitioner denied the allegation and contended that in fact on account of six criminal antecedents his name has been implicated in this case only in order to put pressure. Be that as it may, learned Advocate submitted that now the petitioner has incarcerated since 14.11.2023. The investigation of the crime is already complete

Patna High Court CR. MISC. No.46811 of 2024(2) dt.10-07-2024 2/3 and the chargesheet has been submitted. It is also the contention of the petitioner that the petitioner is on bail in all the five cases out of six.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner appears to be a habitual offender.

6. Regard being had to the submissions made on behalf of the parties and considering the period of custody and the fact that the investigation of the crime is complete and chargesheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saharsa in connection with Sonbarsa Raj P.S. Case No. 260/2023, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

Patna High Court CR. MISC. No.46811 of 2024(2) dt.10-07-2024 3/3 (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) Ranjeet/- U T