Sukhdev Hembram @ Sukdev Hembram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66581 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== SUKHDEV HEMBRAM @ SUKDEV HEMBRAM S/O- CHUNDA HEMBRAM R/O- VILLAGE- SALARBONA, P.S- BANDHUA KURAWA, DIST.- BANKA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bandhua Kurawa P.S. Case No. 59 of 2023 registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.
3. As per prosecution case, there is alleged recovery of one country made pistol (sixer) from the possession of the petitioner and he is apprehended on the spot.
4. Learned counsel for the petitioner submits that petitioner is in custody since 24.06.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution
Patna High Court CR. MISC. No.66581 of 2023(3) dt.10-01-2024 2/3 evidence. He further submits that the alleged country made pistol has been found in abandoned condition and the petitioner has been apprehended merely on basis of suspicion. Except suspicion, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that seizure list has not been made as per the law.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bandhua Kurawa P.S. Case No. 59 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn
Patna High Court CR. MISC. No.66581 of 2023(3) dt.10-01-2024 3/3 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 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(Alok Kumar Pandey, J) alok/- U T