Nitesh Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59579 of 2022 Arising Out of PS. Case No.-382 Year-2021 Thana- KORHA District- Katihar ====================================================== NITESH VISHWAKARMA Son of Late Navin Sharma R/O- Mill Tola, Fulwariya Chowk, P.S.- Korha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Korha P.S. Case No. 382 of 2021, registered for the offences punishable under Sections 414, 411, 413/34 of the Indian Penal Code and 25(1-AA), 26/35 of the Arms Act. As per allegation, a country-made pistol and some cartilages were recovered from the possession of the petitioner and he is under custody since 02.09.2021. The petitioner is a person of clean antecedent.

On the other hand, learned APP has opposed the prayer for bail.

Patna High Court CR. MISC. No.59579 of 2022(3) dt.07-04-2023 2/3 Considering the above-mentioned facts and circumstances, period of incarceration and clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Katihar in connection with Korha P.S. Case No. 382 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(iii) Before accepting the bail bonds, the learned court below shall verify the criminal antecedent of the petitioner.

(iv) After release of the petitioner, he shall remain present physically on each and every date before the learned court below and his failure to appear on two

Patna High Court CR. MISC. No.59579 of 2022(3) dt.07-04-2023 3/3 consecutive dates shall lead to cancellation of his bail bonds.

(Nawneet Kumar Pandey, J) Sudha/Mahesh U T