Preetam Kumar @ Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60874 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- JOGBANI District- Araria ====================================================== Preetam Kumar @ Pritam Kumar, S/o Arun Kumar Vishwas @ Arun R/o Village- Majhuwa, Ward No. 06, P.S.- Farbesganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.

The petitioner is in judicial custody in connection with Jogbani P.S. Case No. 67 of 2021 lodged on 01.04.2021 instituted under Sections 25(1-b)a, 26/35 of the Arms Act. Allegation against the petitioner is of possession of two live cartridges.

Learned counsel for the petitioner submits that he is in jail since 02.04.2021 (as stated in paragraph 7 of the bail application). He further submits that charge-sheet has already been submitted.

Taking into account the aforesaid facts as also that the charge sheet has already been submitted in the case and as such there is no question of tampering with the evidence and further that he is in jail since 02.04.2021; let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two

Patna High Court CR. MISC. No.60874 of 2021(2) dt.20-04-2022 2/2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Jogbani P.S. Case No. 67 of 2021.

However, since the petitioner has criminal antecedent, it is necessary to impose certain conditions on him which are as follows:

(i) one of the bailor should be the family member of the petitioner and will produce official document to show his/her bonafide;

(ii) 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;

(iii) he shall visit the local police station every fortnight for next six months and or the completion of the trial, whichever is earlier to mark his presence;

(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) khushbu/- U T