Deepak Kumar @ Baso v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62336 of 2022 Arising Out of PS. Case No.-192 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== Deepak Kumar @ Baso S/o Anuj Ram, Resident of village- Milkipar, P.O.- Kapsiyawan, P.S.- Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Giridhar Gopal Tiwary, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), 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 Deep Nagar P.S. Case No. 192 of 2022, lodged under Sections 25(1-b)a, 26 of the Arms Act.

As per prosecution case, the petitioner is sole accused in this case from whose possession one desi pistol and one live cartridge were alleged to be recovered.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that in the seizure list there is no signature of petitioner. He also submits that petitioner is a student and he is in custody

Patna High Court CR. MISC. No.62336 of 2022(2) dt.22-02-2023 2/3 since 27.04.2022. He further submits that there are 3 criminal cases pending against him, but out of 3 cases 2 cases were filed when he was minor and 1 case was filed against unknown. Learned counsel for the petitioner further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. He further submits that the seizure list is defective itself.

Learned counsel for the State opposes the prayer for bail and submits that there are criminal antecedent of petitioner. 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, Nalanda in connection with Deep Nagar P.S. Case No. 192 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following 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.

Patna High Court CR. MISC. No.62336 of 2022(2) dt.22-02-2023 3/3 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.) ritik/- U T