Sanny Nat @ Sunny Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63013 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- MAKER District- Saran ====================================================== SANNY NAT @ SUNNY NAT Son of Chunna Nut R/o vill - Chitkohra Bridge Jagjiwan Nagar, P.S. - Sachiwalaya, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Rajani Kumari, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 14.06.2023 in connection with Maker P.S. Case No. 105 of 2023, F.I.R.dated 13.06.2023 for the alleged offences under Sections 279,357,338,332,333,413,414 of the Indian Penal Code, Section 25(1-b)/a/26/35 of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. On search, one country made pistol having one live cartridge alongwith one liter country made liquor, Bolt cutter, torches, plier was also seized from the vehicle.
4. Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 52987 of 2023 but the same
Patna High Court CR. MISC. No.63013 of 2023(2) dt.15-09-2023 2/3 was withdrawn on 19.08.2023 with liberty to file a fresh application. Thereafter, the petitioner has filed the present application.
5. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that it appears from the FIR as well as the seizure list that no incriminating article has been recovered from possession of the petitioner. Petitioner was not arrested at the spot and recovery has been made from the vehicle in question and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 14.06.2023.
6. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid fact, 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 learned Special Judge Exclusive Excise-2, Saran at Chapra in connection with Maker P.S. Case No. 105 of 2023,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall
Patna High Court CR. MISC. No.63013 of 2023(2) dt.15-09-2023 3/3 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 cancelled by the Court below.
(II) 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.
(III) 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) Nitesh/- U T