Sadan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47337 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- BAHADURPUR District- Patna ====================================================== Sadan Kumar Singh Son Of Surendra Prasad Singh Resident Of VillageMaheshkhut (Rajdham), Ps- Maheshkhut, Dist- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Viveka Nandsingh, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail, who is in custody since 27.02.2023 in connection with Bahadurpur P.S. Case No. 70 of 2023, F.I.R. dated 26.02.2023 for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. Recovery is of one country made pistol and two live cartridge from the possession of the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that bare perusal of F.I.R. it appears from the F.I.R. as well as seizure list that one country made pistol and two live cartridge has been recovered from the possession of the petitioner. He further submits that there is non-
Patna High Court CR. MISC. No.47337 of 2023(3) dt.28-08-2023 2/3 compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 27.02.2023.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one, in which petitioner is on bail as stated in para-3 of the bail petition.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sri Ravi Shekhar Varshi, learned Judicial Magistrate, 1st Class, Patna City in connection with Bahadurpur P.S. Case No. 70 of 2023, subject to the following conditions:-
1. Petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.47337 of 2023(3) dt.28-08-2023 3/3
2. 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.
3. 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 petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) mdrashid/- U T