Patna High CourtCR. MISC./1555/2022bail granted

Vishal Kumar v. The State Of Bihar

2022-05-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1555 of 2022 Arising Out of PS. Case No.-453 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Vishal Kumar Son of Mishrilal Yadav @ Mishrilal Ray Resident of Village - Shivraha Vasudeo, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan, Advocate For the Opposite Party/s :

Mrs.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2022 Heard counsel for the parties.

Let the defect(s), if any, as pointed out by the office be removed within a period of four weeks.

The petitioner is in custody in connection with Ahiyapur P.S. Case No. 453 of 2021 registered under sections 399, 402, 401, 414/34 of the Indian Penal Code and section 8, 20(b)(ii)(B) of the N.D.P.S. Act and Section 25(1-b)a, 26, 35 of the Arms Act.

As per the FIR, the police upon information constituted a team and raided a 'Lichi Orchard' area. Upon looking at the police, the accused persons tried to escape but six of them were apprehended and they were searched whereafter, amongst other from this petitioner three, live cartridges were recovered/seized.

Patna High Court CR. MISC. No.1555 of 2022(2) dt.19-05-2022 2/3 The learned counsel for the petitioner submits that for the said occurrence, he has suffered a lot by being in jail since 14.7.2021 (as stated in para-14 of the bail application). He further submits that he has no criminal antecedent and is only 21 years of age and as such he may be given a chance to reform himself.

Considering the aforesaid facts that the charge-sheet stands submitted, he is of young age and is in custody since 14.7.2021; this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions JudgeCum-Special Judge, NDPS, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 453 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of

Patna High Court CR. MISC. No.1555 of 2022(2) dt.19-05-2022 3/3 bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T