Anil Kumar @ Anil Sharma @ Surajbhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66491 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- ALIPUR District- Gaya ====================================================== ANIL KUMAR @ ANIL SHARMA @ SURAJBHAN SINGH S/o Late Haribansh Sharma R/o Village- Kutlupur, P.S.- Alipur, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)a/26/27 of the Arms Act.

According to prosecution case, six live cartridges and one khokha 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 due to admitted land dispute between the parties. He further submits that there is a case and counter case between the parties. It appears from the F.I.R. and the seizure list that six live cartridges and one dead cartridge have been recovered from

Patna High Court CR. MISC. No.66491 of 2022(2) dt.20-03-2023 2/3 the house of the petitioner. He further submits that nothing has been recovered from the conscious possession of the petitioner and for the same occurrence, Alipur P.S. Case No.34/2022 has also been instituted against the petitioner and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 12.04.2022. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two 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 Alipur P.S. Case No. 36 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.

Patna High Court CR. MISC. No.66491 of 2022(2) dt.20-03-2023 3/3

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