Ujjwal Kumar @ Ujjval Kumar @ Mosam Kumar @ Mausam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64519 of 2021 Arising Out of PS. Case No.-498 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== UJJWAL KUMAR @ UJJVAL KUMAR @ MOSAM KUMAR @ MAUSAM YADAV Son of Nirmal Kumar Resident of Village - Bhatni, Ward No.2, P.s.- Kumarkhand, Distt.- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhu Prasun, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in a case registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The case relates to recovery of one country made pistol along with one live cartridge.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that according to the F.I.R and seizure list, one loaded country made pistol along with cartridge are said to have been recovered from the possession of the petitioner but, in fact, nothing has been

Patna High Court CR. MISC. No.64519 of 2021(2) dt.08-04-2022 2/3 recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the bedroom of the petitioner. The petitioner has not committed any offence by the use of the said arms. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 25.06.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one. 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 Court below where the case is pending in connection with Madhepura P.S. Case No. 498 of 2021 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

Patna High Court CR. MISC. No.64519 of 2021(2) dt.08-04-2022 3/3 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