Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60765 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== Nirmal Kumar Son of Nawal Kishore Paswan Resident of Village- Rajwadih, P.S.- Janki Nagar, District- Purnea.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-04-2022 Heard learned counsel for the petitioner and the State. The petitioner is in judicial custody in connection with Janki Nagar P.S. Case No. 99 of 2021 under sections 25(1b) a, 26, 35 of the Arms Act. The prosecution story as it unfolds alleges that police patrolling party intercepted some persons who started fleeing away from the place but amongst other this petitioner was nabbed and live cartridge was recovered from his possession. Learned counsel for the petitioner submits that even the said recovery has not been made from the conscious possession of the petitioner and he is in jail since 26.4.2021. Taking into account the aforesaid facts as also the fact that the charge-sheet has already been submitted in the matter, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount

Patna High Court CR. MISC. No.60765 of 2021(2) dt.19-04-2022 2/2 each to the satisfaction of C.J.M., Purnea, in connection with Janki Nagar P.S. Case No. 99 of 2021. However as the petitioner has criminal antecedent it would be appropriate to impose certain conditions which are as follows:- (i) one of the bailors should be the family members of the petitioner and will produce official document to show his bona fide;

(ii) the petitioner shall ensure his presence in the pending trial on each and every date and failure to do so for two consecutive dates without plausible reason, the Trial Court shall cancel his bail bonds;

(iii) he shall visit the local police station every fortnight for three months to mark his presence; (v) 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 observation, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T