Prince Kumar @ Gaffu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64794 of 2021 Arising Out of PS. Case No.-756 Year-2021 Thana- NAGAR District- Vaishali ====================================================== Prince Kumar @ Gaffu Son of Shivji Jha Resident of Village - Dumri Khurd, P.S.- Rajapakar, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

Recovery is of one country made loaded pistol with two live cartridges from the possession of the Prashant Raj, one country made pistol of 7.65 mm and one live cartridge was recovered from the possession of co-accused Vishal Kumar and one sharp edged knife was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.64794 of 2021(2) dt.15-04-2022 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that only one knife has been recovered from the possession of the petitioner. He further submits that only allegation against the petitioner is of carrying a knife which does not constitute any offence under the Arms Act. The petitioner is in custody since 25.09.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, 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 the learned Court below where the case is pending in connection with Hajipur Town P.S. Case No. 756 of 2021, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.64794 of 2021(2) dt.15-04-2022 3/3

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.

3. 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) mdrashid/- U T