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Patna High CourtCR. MISC./42274/2022allowed

Sujeet Kumar v. The State Of Bihar

2022-11-09Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42274 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- ALOULI District- Khagaria ====================================================== SUJEET KUMAR Son of Ramesh Yadav Resident of Village - Surha, P.s.- Hasanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Alauli P.S. Case No. 135 of 2022, registered for the offences punishable under Sections 25 (1-b), (a), 26/35 of the Arms Act and Section 414 of the Indian Penal Code. The learned counsel for the petitioner has submitted that as per the allegation 10 live cartridges were recovered from the possession of the present petitioner. He has submitted that he is a person of clean antecedent and has falsely been implicated

Patna High Court CR. MISC. No.42274 of 2022(2) dt.09-11-2022 2/3 in this case. He is incarcerating under custody since 06.04.2022. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 135 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) The petitioner shall present physically before the court below on each and every date till framing of the charge and the learned court below shall verify the criminal antecedent of the petitioner. If it comes that the petitioner has been arrayed in any other case except the present one, the learned

Patna High Court CR. MISC. No.42274 of 2022(2) dt.09-11-2022 3/3 court below may take appropriate steps.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T