Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58181 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- HULASGANJ District- Jehanabad ====================================================== Navin Kumar Son of Anil @ Saddam Resident of Village- Dharampur, P.S.- Hulasganj, District- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== 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 Hulasganj P.S.Case No. 22 of 2021 for the offences punishable under Sections 411 of of the Indian Penal Code and 25(1-b) a, 26,35 of the Arms Act As per the prosecution case, it is alleged that during course of search one Raj Kishore has been arrest and on the basis of his confessional statement, the police arrested one Gajendra Kuamr, who disclosed the name of his accomplice, including the petitioner. It is further alleged that on the basis of such information, the police arrested Navin Kumar and from

Patna High Court CR. MISC. No.58181 of 2021(2) dt.07-04-2022 2/3 whose discloser police searched the house of one Sudarshan Kumar and from the house of Sudarshan Kuamr, one country made Katta was recovered.

Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of this petitioner and hence no case either under section 411 of the I.P.C or under the Arms Act is made out against the petitioner and he is in custody since 24.02.2021.

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, nothing has been recovered from conscious possession of the petitioner,apart from the period of custody, 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 Judicial Magistrate, 1st class Jehanabad in connection with Hulasganj P.S.Case No. 22 of 2021, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the

Patna High Court CR. MISC. No.58181 of 2021(2) dt.07-04-2022 3/3 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