Ujjawal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51119 of 2023 Arising Out of PS. Case No.-936 Year-2022 Thana- KANKARBAG District- Patna ====================================================== UJJAWAL KUMAR S/O LAKKHI BABU SAW R/O VILLAGE- BAHARI BEGAMPUR, PS. BYPASS, DIST. PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Adv.
For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with S.T. No. 109 of 2023 arising out of Kankarbagh P.S. Case No. 936 of 2022 dated 02.10.2022 registered for the offence under Sections 414, 120B, 115/34 of the Indian Penal Code and Section 25(1-b)(a), 25 and 35 of the Arms Act.
The petitioner is apprehended having unlawful possession of one country made pistol along with live cartridges and a mobile, according to the F.I.R.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears form the F.I.R. and the seizure list that one country made
Patna High Court CR. MISC. No.51119 of 2023(2) dt.11-08-2023 2/3 pistol along with three cartridges and also a mobile have been recovered from the conscious possession of the petitioner. He further contends that, in fact, nothing incriminating has been recovered from the conscious possession of the petitioner rather the recovery has been planted with ulterior motive. He further submits that Section 100 of the Cr.P.C. has not been compiled by the prosecution while preparing the seizure list. Moreover, coaccused, Ravi Kumar @ Ravi Shankar @ Ravi Shankar Kumar, Gautam Kumar Jha @ Gautam Kumar and Dharmendera Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 25.04.2023 passed in Cr. Misc. No. 71843 of 2022, Cr. Misc. No. 1382 of 2023 and Cr. Misc. No. 4903 of 2023, respectively. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 03.10.2022.
Learned A.P.P. for the State on the basis of material available on record and the case diary vehemently opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII, Patna in connection with S.T. No. 109 of 2023
Patna High Court CR. MISC. No.51119 of 2023(2) dt.11-08-2023 3/3 arising out of Kankarbagh P.S. Case No. 936 of 2022 with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) brajesh/- U T