Purusottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65410 of 2021 Arising Out of PS. Case No.-927 Year-2019 Thana- SAHARSA SADAR District- Saharsa ====================================================== PURUSOTTAM KUMAR Son of Yogendra Prasad Yadav @ Yogendra Yadav Resident of Village- Nawabakhar, P.S.- Kishanpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The case relates to recovery of one country made pistol along with three live cartridges and one mobile phone and cash. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has not been named in the F.I.R. but merely on the basis of confessional statement of the co-accused, Bijay Thakur, he has been made accused in this case. He further submitted that some of the coaccused have already been granted bail by the court below itself

Patna High Court CR. MISC. No.65410 of 2021(2) dt.15-04-2022 2/3 and the another co-accused, Bijay Thakur, who was apprehended from the spot, has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.07.2021 passed in Cr. Misc. No. 24954 of 2021. The petitioner is rotting in judicial custody since 03.06.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases 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 Saharsa Sadar P.S. Case No. 927 of 2019 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 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,

Patna High Court CR. MISC. No.65410 of 2021(2) dt.15-04-2022 3/3 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 T