Raja Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50214 of 2021 Arising Out of PS. Case No.-368 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== PANKAJ KUMAR S/o Late Bahadur Sah Resident of Village- Raghunathpur Donwa, P.S.- Sakara, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53396 of 2021 Arising Out of PS. Case No.-368 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== RAUSHAN KUMAR SINGH Son of Kundan Kumar @ Kundan Kumar Singh Resident of Village - Purushottampur, P.S.- Maniyari, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56883 of 2021 Arising Out of PS. Case No.-368 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== RAJA SINGH Son of Ashok Singh Resident of Village- Lakhansen, P.S.- Baruraj, District- Muzaffarpur, At present residing at Village- Sahebganj Pratappatti, P.S.- Sabehganj, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 50214 of 2021) For the Petitioner/s :
Mr.Kaushal Kishor For the Opposite Party/s :
Mr.Rajendra Nath Jha (In CRIMINAL MISCELLANEOUS No. 53396 of 2021) For the Petitioner/s :
Mr. Manish Kumar Singh Adv.
Mr.Hari Kishore Thakur, Adv.
2/5 :
Mr. Dr. Bipin Chandra, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APPT (In CRIMINAL MISCELLANEOUS No. 56883 of 2021) For the Petitioner/s :
Mr.Ganesh Prasad Singh For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners seek bail in a case registered for the offence under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.
According to the prosecution, on search from Pankaj Kumar, mobile phone has been recovered, from Raja Singh, one country made loaded pistol with five live cartridges along with mobile phone has been recovered, from Raushan Kumar Singh, one mobile phone with country made loaded pistol has been recovered while from the accused, Rahul Kumar Jha about one Kilogram Ganja has been recovered along with mobile phone. The police has also seized two motorcycles.
Learned counsel appearing for the petitioners
3/5 submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that it appears from the F.I.R. as well as seizure list that one motorcycle and a mobile have been recovered from the possession of the co-accused, Pankaj Kumar, who is petitioner in Cr. Misc. No.50214 of 2021. He further submits that one country made loaded pistol with five live cartridges along with mobile phone has been recovered from Raja Singh, who is petitioner in Cr. Misc. No. 56883 of 2021 and from the possession of Raushan Kumar Singh, who is petitioner in Cr. Misc. No. 53396 of 2021, one mobile phone with country made loaded pistol has been recovered whereas one Kilogram Ganja along with mobile phone has been recovered from the accused, Rahul Kumar Jha, who is not the petitioner in any of the cases.
He further submits that since the alleged recovery of Ganja is said to have been made from the possession of co-accused, Rahul Kumar Jha, no case is made out against the petitioners under the NDPS Act. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioners. The petitioners are rotting in judicial custody since13.05.2021.
4/5 Learned A.P.P. for the State has opposed the prayer for bail of the petitioners and submits that petitioner, namely, Raja Singh, carries four more cases other than the present one and the petitioner, Raushan Kumar Singh carries two more cases other than the present one whereas the petitioner, Pankaj Kumar, bears no criminal history. Considering the facts and circumstances of the case, let the, above named, petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.D.P.S. Case No.42 of 2021 arising out of Muzaffarpur Town P.S. Case No. 368 of 2021 with the following conditions:-
(1) Petitioners 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 as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to
5/5 move for cancellation of bail.
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 petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) brajesh/- U T