Kaunain Raza @ Kaunain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69825 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Kaunain Raza @ Kaunain Son of Mahboob Raza @ Md. Mahboob Raza Resident of Paschimpali Mohiuddinpur, Ward No.-1, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 23.07.2022, in connection with Kishanganj P.S. Case No. 293 of 2022, F.I.R. dated 22.07.2022 registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

The case relates to recovery of one country made pistol and one live cartridge.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that only country made pistol and one live

Patna High Court CR. MISC. No.69825 of 2022(3) dt.07-04-2023 2/3 cartridge has been recovered recovered from the possession of the petitioner. He further submits that in fact nothing has been recovered from the possession of the petitioner rather the police has planted the same and shown the recovery has been made from the possession of the petitioner. He further submits that as per seizure list it appears that there is no independent witness of the seizure list and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 23.07.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in both the cases. Considering the facts and circumstances of the case, 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 Additional District & Sessions Judge-III, Kishanganj in connection with Kishanganj P.S. Case No. 293 of 2022, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.69825 of 2022(3) dt.07-04-2023 3/3 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 witness, 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, 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) Ibrar//- U T