Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51170 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== KARAN KUMAR SON OF ANIL KUMAR PRASAD RESIDENT OF VILLAGE -KANCHA BANGRAHA P.S- VIDYAPATINAGAR, DISTRICT - SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramdeo Singh, Advocate Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Birpur P.S. Case No. 169/ 2020 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, four country made pistols and four live cartridges have been recovered from Goat Farm of coaccused Anil Mahto. Learned counsel for the petitioner submits that raid

Patna High Court CR. MISC. No.51170 of 2021(2) dt.07-02-2022 2/3 was conducted at the Goat Farm of co-accused Anil Mahto from where four country made pistols and four live cartridges have been recovered and petitioner and other accused were apprehended at the spot. He further submits that nothing has been recovered from conscious possession of the petitioner. He further submits that entire allegation levelled against the petitioner is false and baseless and he has been falsely implicated in the present case. Petitioner is in custody since 12.12.2020.

The learned Additional Public Prosecutor vehemently opposed the prayer of bail submitting that petitioner carries one criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-VII cum A.C.J.M.-VI, Begusarai in connection with Birpur P.S. Case No. 169/ 2020, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present

Patna High Court CR. MISC. No.51170 of 2021(2) dt.07-02-2022 3/3 as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that 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 step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) shahzad/- U T