Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9094 of 2021 Arising Out of PS. Case No.-501 Year-2020 Thana- MANER District- Patna ====================================================== Pankaj Kumar, Son of Sri Chhotan Rai @ Chotan Ray, Resident Of Village Bhagwatipur, P.S.- Shahpur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-07-2021 The matter has been taken up today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned Counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Maner P.S. Case No.501 of 2020 registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act. Since 13.09.2020 the petitioner is in custody. There is alleged recovery of one unloaded country made pistol during routine checking.

Patna High Court CR. MISC. No.9094 of 2021(2) dt.02-07-2021 2/3 Counsel for the petitioner submits that it is a case of false implication. The petitioner has no criminal antecedents and charge-sheet has been submitted in this case. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 Miss Nutan Kumari, learned Judicial Magistrate1st Class, Danapur, District-Patna, in connection with Maner P.S. Case No.501 of 2020, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Patna High Court CR. MISC. No.9094 of 2021(2) dt.02-07-2021 3/3 This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T