Patna High CourtCR. MISC./68434/2023bail granted

Nitish Kumar @ Nitish Chaudhary v. The State Of Bihar

2023-10-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68434 of 2023 Arising Out of PS. Case No.-383 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Nitish Kumar @ Nitish Chaudhary Son Of Shashi Bhushan Chaudhary Resident Of Village - Rasalpur, P.S. - Bhagwanpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Muffasil (Singhaul O.P.) P.S. Case No. 383 of 2023, lodged on 01.07.2023, under Sections 25(1-b)A/26(ii) of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against two named accused persons including the present petitioner.

4. Learned counsel for the petitioner submits that one Desi Katta and two live cartridges alleged to have been recovered from the possession of the petitioner. He submits that petitioner is in custody since 02.07.2023. There is one criminal case pending against him.

Patna High Court CR. MISC. No.68434 of 2023(2) dt.19-10-2023 2/3

5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean and recovery has been made from his conscious possession.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be released on bail only after framing of the charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil (Singhaul O.P.) P.S. Case No.383/2023, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his 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 bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.68434 of 2023(2) dt.19-10-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T