Amarendra Kumar Sah @ Amarendra Sah Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52989 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- UCHKAGAON District- Gopalganj ====================================================== AMARENDRA KUMAR SAH @ AMARENDRA SAH GOND SON OF SAKALDEO SAH @ SAKALDEV SAH @ SAKALDEV SAH GOND RESIDENT OF VILLAGE- THAWE CHITU TOLA, P.S.- THAWE, DISTRICT- GOPALGANJ ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Setu Prateek, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Uchakagaon P.S. Case No. 160 of 2021 registered under Sections 399, 402, 414 and 34 of the Indian Penal Code as also Sections 25(1-b)a, 26 and 35 of the Arms Act. So far as this petitioner is concerned, it is submitted by the learned counsel that allegation against him is that upon search of his person, live cartridges and some mobiles were recovered. It is in this way that his arrest was made and is in judicial custody 28.05.2021.
Learned counsel for the petitioner has drawn the attention of this Court to the two orders passed in Cr. Misc. No.
Patna High Court CR. MISC. No.52989 of 2021(2) dt.05-04-2022 2/3 51997 of 2021 (Umakant Gupta @ Mithu) and Cr. Misc. No. 52044 of 2021 (Subham Kumar) both dated 01.04.2022 arising out of the same police station case in which the privilege of bail has been granted to them.
Taking into consideration the aforesaid facts as also that he is in jail since 28th of May, 2021, this Court is inclined to grant the privilege of bail to the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Uchakagaon P.S. Case No. 160 of 2021 to the satisfaction of learned Additional Chief Judicial Magistrate -IX, Gopalganj.
However, considering the criminal antecedent that the petitioner is having, it is necessary that certain conditions is imposed while granting him bail;
(i) one of the bailor should be the family member of the petitioner who will produce official document to show his bona fide;
(ii) he shall ensure his presence in the pending trial on each and every date and failure to do so for two consecutive dates without plausible reason; the Trial Court will cancel his bail bond.
Patna High Court CR. MISC. No.52989 of 2021(2) dt.05-04-2022 3/3 With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U