Inderjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55998 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- Sikandarpur District- Muzaffarpur ====================================================== Inderjeet Kumar Son of Ramodh Mahto Resident of Village - Bela Panchgechhiya, P.S.- Ahiyapur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Advocate For the Opposite Party/s :
Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Sikandarpur P.S. Case No. 15 of 2024 for the offence punishable under Sections 399, 401, 402, 413, 414/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act, lodged on 19.03.2024 by the informant, Devbrat Kumar.
3. As per the prosecution story, the police during patrolling reached near Surajnagar. Some persons tried to escape after having sight of the police vehicle but they were apprehended and allegation is that upon search of this petitioner, there is recovery/seizure of country made pistol with live cartridges and from Sachin Kumar and Santosh Kumar, bullets have been recovered. This led to the FIR.
4. Learned counsel for the petitioner submits that he is
Patna High Court CR. MISC. No.55998 of 2024(4) dt.18-11-2024 2/3 a young boy of 21 years, but once implicated, the police have kept on implicating him in number of cases which has resulted into his being in jail since 20.03.2024 (para-13 of the petition). He further submits that if granted bail, the petitioner to save himself from the fury of the police, save and except attending the trial Court on the dates fixed, shall leave the district for six months from the date he will come out of the jail and will further submit the address of the new district to the trial Court concerned.
5. Learned APP opposes the prayer submitting that he has criminal antecedent of the same nature.
6. Having gone through the facts of case as also the submissions put forwarded by the parties, taking into account his age as also period of custody and further chargesheet has been submitted, the petitioner wants to reform himself, given an undertaking that he shall be leaving the district for six months and will provide the details of his stay to the trial Court and will be appear diligently each and every date, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M.,
Patna High Court CR. MISC. No.55998 of 2024(4) dt.18-11-2024 3/3 Muzaffarpur, in connection with Sikandarpur P.S. Case No. 15 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(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 reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the police station of his stay every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Amandeep/- U