Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60669 of 2022 Arising Out of PS. Case No.-423 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Pintu Kumar Son of Sri Bhim Chaudhary Resident of Village- Bhusunda Wala Par, P.S.- Mufassil, District- Gaya, At present resident of village- Pachmahala, P.S.- Khijarsarai, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner seeks bail in Mufassil Police Station (for brevity, PS) Case No 423 of 2022 dated 25.06.2022 registered for the offence punishable under Sections 25 (1-b) a, 26, 35 of Arms Act. From the sand laden tractor, seized and parked in the PS, it is alleged that co-accused, namely Shyamsundar Kumar has taken away the pistol which was concealed in the sand. His implication is sought to be based on alleged closed-circuit television footage which reveals that he was taking out the pistol from the sand. Learned counsel for the petitioner submits that recovery is not from the petitioner. The petitioner has no antecedent and is in custody since 26.06.2022. Co-accused, namely, Shyamsundar Kumar from whom recovery has been made, has been allowed bail in Cr. Misc. No. 56476 of 2022.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the

Patna High Court CR. MISC. No.60669 of 2022(2) dt.24-01-2023 2/2 submissions advanced by the petitioner's counsel. Prayer for bail is allowed.

Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Mufassil PS Case No 423 of 2022 dated 25.06.2022 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.

(Madhuresh Prasad, J) shyambihari/- U T