Bambam Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46478 of 2022 Arising Out of PS. Case No.-152 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== BAMBAM KUNWAR, Son of Suhir Kunwar Resident of Village - Basudeopur, P.s.- Muffasil, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Begusarai (Muffasil) P.S. Case No. 152 of 2022, for the offence punishable under Section 25(1-B)a, 26 and 35 of the Arms Act. The allegation against the petitioner is that one loaded pistol was recovered from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that, in fact, petitioner was arrested by private person, who has inimical term with the petitioner. He further submits that Section 25(1-B)a, 26

Patna High Court CR. MISC. No.46478 of 2022(2) dt.14-12-2022 2/3 of the Arms Act is not applicable as the arrest having been made by the private person, Section 35 of the Arms Act is bailable. The petitioner is in custody since 22.03.2022. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and materials available on record without going into the merits of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No. 152 of 2022, 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

Patna High Court CR. MISC. No.46478 of 2022(2) dt.14-12-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(5) The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) manish/- U T