Patna High CourtCR. MISC./58611/2021bail granted

Md. Bechan @ Bechan v. The State Of Bihar

2022-04-27Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58611 of 2021 Arising Out of PS. Case No.-140 Year-2021 Thana- AMARPUR District- Banka ====================================================== MD. BECHAN @ BECHAN SON OF MD. HABID @ MD. HABIB KALANDAR R/O VILLAGE- TAKAT BANHARA, WARD NO.9, P.S.- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 140 of 2021, for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel appearing on behalf of the petitioner submits that the nothing has been recovered from the possession of the petitioner. The petitioner is in custody since 14.04.2021. He further submits that the seizure-list, which is part of the F.I.R., does not contained the signature of petitioner and the same is made in Police custody. The said seizure-list contained the signature of one co-accused Vishal Kumar. The petitioner

Patna High Court CR. MISC. No.58611 of 2021(2) dt.27-04-2022 2/3 has been released in case relating to theft arising out of the same incident by a co-ordinate Bench of this Court on 09.03.2022 passed in Criminal Miscellaneous No. 59193 of 2021.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 140 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.58611 of 2021(2) dt.27-04-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T