Amit Sah @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59261 of 2021 Arising Out of PS. Case No.-314 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== AMIT SAH @ AMIT KUMAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.
The petitioner is in judicial custody in connection with Sour Bazar P.S. Case No. 314/2021 registered under Sections 25 (1-b)a and 26 of the Arms Act and Section 189c), 27(b) (ii), 18 (A), 28, 36A of the Drugs and Cosmetic Act. Allegation against the petitioner is of recovery of loaded rifle and loaded 'Katta' along with 20 cough syrup bottles of 100 ml each.
Learned Senior Counsel appearing on behalf of the petitioner submits that he has been falsely implicated in the case. He is a student of B.A. (Hon's) under B.N. Mandal College, Madhepura and does not carry any criminal antecedent. Taking into account the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.59261 of 2021(2) dt.18-04-2022 2/2 10,000/- (Ten Thousand) with two surities of like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 314 of 2021, subject to the following conditions :- (i) The learned Trial Court shall check his criminal antecedent while releasing him on bail;
(ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T