Rintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64863 of 2022 Arising Out of PS. Case No.-139 Year-2022 Thana- SHANKARPUR District- Madhepura ====================================================== RINTU KUMAR SON OF LALO YADAV R/O VILL.- RAIBHIR, WARD NO. 07, P.S.- SHANKARPUR, DISTT.- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Adv.

For the Opposite Party/s :

Mr. Rajendra Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b) a/26 of Arms Act. According to prosecution case, one loaded country made pistol and one live cartridge are said to have been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. and the seizure list that one loaded country made pistol and one live cartridge have been recovered from the possession of the petitioner and there is non-compliance of Section 100 Cr.P.C. He further submits that the police after investigation submitted

Patna High Court CR. MISC. No.64863 of 2022(2) dt.14-03-2023 2/3 the charge sheet against the petitioner and the petitioner is in custody since 17.08.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Shankarpur P.S. Case No.139 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the

Patna High Court CR. MISC. No.64863 of 2022(2) dt.14-03-2023 3/3 petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T