Raju Prasad Gupta @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58164 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- BARUN District- Aurangabad ====================================================== Raju Prasad Gupta @ Raju Kumar Son Of Rajendra Gupta Resident Of Village- Khajuri Farm, P.S.- Barun, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-04-2022 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 Barun P.S.Case No. 180 of 2020 for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act. As per the prosecution case, on 02.09.2020, the informant raided the house of this petitioner and from the room of this petitioner one country made pistol and one empty cartridge has been recovered.

Learned counsel for the petitioner submits that as on 02.09.2020 itself the petitioner has been made accused in a case registered under section 302 of the I.P.C bearing Barun P.S.Case

Patna High Court CR. MISC. No.58164 of 2021(2) dt.07-04-2022 2/3 No. 179 of 2020 and in connection with the said case search has been made in the house of the petitioner and recovery of alleged arms has been shown and for the said recovery this present F.I.R has been instituted. It is next submitted that nothing has been recovered from conscious possession of this petitioner and so far as the house is concerned, that is a joint family house. It is further submitted that this petitioner has himself surrender on 11.09.2020 and since then he is in custody.

The learned A.P.P opposed the prayer for bail of the petitioner and submits that except this case, petitioner has one criminal antecedent, which is mentioned in Para-3 of this petition.

Having heard the rival contentions of the parties and taking into consideration the fact that, nothing has been recovered from conscious possession of the petitioner and so far as recovery is concerned , the same has been made from the joint family house, 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, Aurangabad in connection with Barun P.S.Case No. 180 of 2020, subject to the condition that one of the bailors will be the close relatives of

Patna High Court CR. MISC. No.58164 of 2021(2) dt.07-04-2022 3/3 the petitioner with 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.

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