Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59469 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Aditya Kumar S/O Vijay Kumar Gupta @ Vijay Kumar R/O village- Sihauta Bazar, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered in connection with Ara Nagar P.S.Case No. 105 of 2021 for the offences punishable under Sections 25(1-B) AA, 26, 35 of the Arms Act. As per the prosecution case, it is alleged that from possession of the present petitioner 9.mm loaded pistol made in USA with four life cartridges were recovered. It is further alleged that from the house of Rakesh Yadav, three persons including petitioner were found present. On search of the house three automatic pistols and 25 live cartridges were also recovered from a bag. It is submitted on behalf of the petitioner

Patna High Court CR. MISC. No.59469 of 2021(2) dt.12-04-2022 2/3 that though huge quantity of pistol and live cartridges were recovered from the house of Rakesh Yadav but surprisingly, Rakesh Yadav has not been made accused. Further counsel for the petitioner submits that the seizure list does not contain even the case number and there is no compliance of section 100 Cr.P.C, which attracts suspicion. It is next submitted that petitioner has got no criminal antecedent and is in custody since 03.02.2021 and the investigation has already concluded and the charge sheet has been submitted.

The learned A.P.P opposed the prayer for bail of the petitioner and submits that 9 smm pistol loaded with four live cartridges were recovered from possession of the petitioner. Having heard the rival contentions of the parties and taking into consideration the fact that, petitioner is in custody since, 03.02 2021 having no criminal antecedent and the investigation has already completed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ara, Bhojpur in connection with Ara Nagar P.S.Case No. 105 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with

Patna High Court CR. MISC. No.59469 of 2021(2) dt.12-04-2022 3/3 further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

N.K/- (Harish Kumar, J) U T