Chhedi @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57612 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== Chhedi @ Akhilesh Kumar Son of Jagannath Paswan Resident of Village - Shiv Durga Lane Gali, Near Law College, Police station - Sultanganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-04-2022 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 Pirbahore P.S.Case No. 108 of 2020 for the offences punishable under Sections 25(1-b)a,26,35 of the Arms Act. As per prosecution case, it is alleged in the F.I.R that during investigation in connection wih Pirbahore P.S.Case No 103 of 2020, one Suraj Kumar was arrested and he disclosed the name of this petitioner. It is further alleged that while the coaccused Suraj Kumar was chased by the police, he thrown his pistol in a drain by keeping it into a plastic bag which was also

Patna High Court CR. MISC. No.57612 of 2021(2) dt.05-04-2022 2/3 recovered.

Learned counsel for the petitioner submits that nothing has been recovered from possession of this petitioner and his name has been transpired on the basis of confessional statement of co-accused Suraj Kumar. It is further submits that petitioner is accused in Pribahore P.S.Case No. 103 of 2020 and except the said case petitioner has no criminal antecedent. Investigation has already been completed and charge sheet has been submitted. Petitioner is in custody since 03.03.2020 The learned A.P.P opposed the prayer for bail of the petitioner.

Having heard the rival contentions of the parties and taking into consideration the fact that the name of petitioner has been transpired on the confessional statement of co-accused Suraj Kumar and he is in custody since 03.03.2020, 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 Chief Judicial Magistrate, Patna in connection with Pirbahore P.S.Case No. 108 of 2020, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.57612 of 2021(2) dt.05-04-2022 3/3 (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.

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