Vishal Kumar @ Bishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.225 of 2022 Arising Out of PS. Case No.-393 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== VISHAL KUMAR @ BISHAL KUMAR S/o Nageena Paswan @ Rajkumar Paswan @ Rajkumar Hajara R/o Village Kathiya, Vishunpur, Ward No. 06, P.S. - Jagdishpur, District - West Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Learned counsel for the petitioner is permitted to make necessary correction in para 1 of the petition within course of the day.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bettiah (Town) P.S. Case No. 393 of 2021 registered for the offences punishable under Sections 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. As per the first information report, one country made pistol along with one live cartridge have been recovered from
Patna High Court CR. MISC. No.225 of 2022(2) dt.06-06-2022 2/3 the possession of present petitioner.
Learned counsel for the petitioner submits that petitioner bears no criminal history and he is in custody since 29.06.2021. He further submits that similarly situated coaccused Taufik Alam @ Tausif Alam @ Chandu and Dinesh Ram have been granted bail by the co-ordinate Benches of this Court vide order dated 15.04.2022 passed in Cr. Misc. No. 64629 of 2021 and vide order dated 23.05.2022 passed in Cr. Misc. No. 68895 of 2021 respectively.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Regard being had to the submission made by the parties and taking into consideration the material available on record and the fact that the petitioner has got no criminal antecedent and similarly situated co-accused have been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 393 of 2021, subject to following conditions:- (i) One of the surety shall be either father or
Patna High Court CR. MISC. No.225 of 2022(2) dt.06-06-2022 3/3 mother or sister or brother or wife or the person who sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(Alok Kumar Pandey, J) shahzad/- U T