Mintukumar @ Aditya Kumar @ Aditya Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55679 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Mintu Kumar @ Aditya Kumar @ Aditya Raj Son of Late Amresh Kumar Singh Resident of Village- Sahwajpur, P.S. Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Ahiyapur P.S. Case No. 327 of 2021 for the offence punishable under Sections 399, 401, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that the petitioner was apprehended by the police personnel on secret information that some miscreants had assembled to commit crime. The petitioner was apprehended on the spot and upon search one country made pistol and a live cartridge were recovered from his

Patna High Court CR. MISC. No.55679 of 2021(6) dt.08-08-2022 2/3 possession.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case due to the fact that just before lodging of the present F.I.R., the petitioner was made accused under Section 30(a) of the Bihar Prohibition and Excise Act in Ahiyapur P.S. Cased No. 68 of 2021 and subsequent to that he has also made accused under Sections 379 and 414 of the Indian Penal Code in Ahiyapur P.S. Case No. 328 of 2021 and as a result of enmity, the petitioner has been made accused in the present case. It was further submitted that similarly situated co-accused Rohit Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.11.2021 passed in Cr. Misc. No. 47399 of 2021 and the petitioner is in custody since 22.05.2021.

On such grounds, the petitioner seeks to be released on bail. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Having considered the rival submissions of the parties and considering the nature of allegation made in the F.I.R.

Patna High Court CR. MISC. No.55679 of 2021(6) dt.08-08-2022 3/3 been granted bail, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Muzaffarpur in connection with Ahiyapur P.S. Case No. 327 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

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

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) mantreshwar/- U