Vishwajeet Singh @ Bishwajeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62256 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Vishwajeet Singh @ Bishwajeet Singh Son Of Manoj Singh @ Manoj Kumar Singh, R/O Village- Bhikhanpura Bichala Tola Maharana Pratap Gali Raod No- 1, P.S- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Sr. Advocate Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muzaffarpur Town P.S. Case No. 175 of 2022 lodged under Sections 401, 353, 307, 120B/34 of the I.P.C. read with Sections 25(1-b)a, 26, 27 and 35 of Arms Act.

As per the allegation, there were three persons made accused in this case. The allegations against two accused Rahul and Sumit are different from the present petitioner. They are said to be involved in the crime but the present petitioner as per

Patna High Court CR. MISC. No.62256 of 2022(2) dt.22-02-2023 2/3 the allegation is involved in the dealing of supply of illegal arms. Police has apprehended him with local desi pistol and one life cartridge.

Learned counsel for the petitioner submits that there is only one criminal case is pending against the present petitioner in which he is persuading for bail. Counsel further submits that petitioner is in custody since 28.02.2022 which is about one year. Counsel further submits that other co-accused Sumit Kumar and Rahul Kumar have been granted bail by the Coordinate Bench of this Court vide orders dated 16.12.2022 and 19.09.2022 passed in Cr. Misc. Nos. 52471 of 2022 and 36327 of 2022 respectively.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffapur in connection with Muzaffarpur Town P.S. Case No. 175 of 2022, G.R. No. 747 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following

Patna High Court CR. MISC. No.62256 of 2022(2) dt.22-02-2023 3/3 conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T