Aryan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70885 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- JAMALPUR District- Munger ====================================================== ARYAN KUMAR S/o Bachchu Yadav R/o Village- Naya Tola, Jurabganj, P.S.- Kodha, Distt- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhote Lal Mishra, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case being Jamalpur P.S. Case No. 80 of 2022 registered for the offence under Section 414 of the Indian Penal Code and Sections 25(1-B)a, 26(ii) and 35 of the Arms Act.

The case relates to recovery of one country made katta along with one live cartridge and a mobile phone. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears from the F.I.R. and the seizure list that one country made pistol along with one live cartridge and one mobile have been recovered from the possession of the petitioner. He further

Patna High Court CR. MISC. No.70885 of 2022(2) dt.04-04-2023 2/3 submits that in fact nothing has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. He further submits that the coaccused, namely, Sumit Kumar has already been granted bail vide order dated 09.12.2022 passed in Cr. Misc. No. 49490 of 2022. The petitioner is rotting in judicial custody since 20.05.2022. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Chief Judicial Magistrate, I/C, Munger in connection with Jamalpur P.S. Case No. 80 of 2022 with 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled 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.

And, further condition that the court below shall verify

Patna High Court CR. MISC. No.70885 of 2022(2) dt.04-04-2023 3/3 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) brajesh/- U T