Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64015 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== LAV KUMAR S/o Ram Sagar Prasad Yadav @ Ram Sagar Yadav R/o Village- Laun Basavariya, P.S.- Ghorasahan, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar No.1, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and the State through video conferencing in view of the Covid-19. The petitioner apprehends his arrest in connection with Ghorasahan P.S. Case No. 209 of 2022 instituted under Sections 25(1-b)a, 26, 25(9) and 27 of the Arms Act. As per the prosecution story, a video went viral showing a person opening fire. Upon investigation, it was found that the same is one Rupesh Kumar, he was apprehended and he named this petitioner as the person who was making the video. Accordingly, he has also come in the net in the FIR vide Ghorasahan P.S. Case No. 209 of 2022 .

Taking into account the kind of allegation that has come against the petitioner as also the fact that he is a young

Patna High Court CR. MISC. No.64015 of 2022(2) dt.03-02-2023 2/3 boy of 19 years, do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Ghorasahan P.S. Case No. 209 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Sikrahana at Dhaka, District-East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Cr.P.C and with the further conditions :

(i) one of the bailor should be the family member 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 reason will entail cancellation of his/her bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.64015 of 2022(2) dt.03-02-2023 3/3 police station every fortnight for next six months to mark his attendance;

(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) 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. (Rajiv Roy, J) Ajay Singh/- U T