Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43337 of 2022 Arising Out of PS. Case No.-243 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== SAURABH KUMAR Son of Pramod Kumar Resident of Village - Khizersarai, P.S.- Khizersarai, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Akbarpur P.S. Case No. 243 of 2022 registered for the offences punishable under Section 25(1-b)A of the Arms Act. As per prosecution case, the informant alongwith other police officials stopped the motorcycle. On search, one country made pistol was recovered from the bag which is kept between motorcycle driver co-accused Nikhil Kumar and petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 05.06.2022. Petitioner bears no

Patna High Court CR. MISC. No.43337 of 2022(3) dt.22-11-2022 2/3 criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Seizure list has not been made as per law. He further submits that petitioner is innocent and nothing has been recovered from the petitioner. Petitioner is not the owner of alleged motorcycle rather he was pillion rider of that motorcycle and he has no knowledge about alleged arms. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, as submitted, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Akbarpur P.S. Case No.

Patna High Court CR. MISC. No.43337 of 2022(3) dt.22-11-2022 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) alok/- U T