Awanish Singh @ Awanish Kumar Singh @ Deva v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75398 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Awanish Singh @ Awanish Kumar Singh @ Deva Son of Chandeshwar Singh Resident of village -Bisahi ,P.S.- Paharpur, District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Paharpur P.S. Case No. 88 of 2023 registered for the offence under Section 414 of the Indian Penal Code, under Section 25(1-B)a, 26 of the Arms Act and under Section 20 and 22 of the NDPS Act.
3. As per the prosecution case, the recovery is of one loaded country made pistol, two live cartridges, one mobile phone, one stolen motorcycle, 340 grams of Charas and 21 grams of Opium from the petitioner.
4. The petitioner is in jail since 7.3.2024 and earlier his bail application was rejected vide order dated 2.1.2024 passed in Cr. Misc. No. 65644 of 2023.
Patna High Court CR. MISC. No.75398 of 2024(2) dt.23-10-2024 2/2
5. Considering the aforesaid facts and the period of custody, this application is allowed.
6. 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 Sessions Judge-cum-Special Judge, NDPS Act, East Champaran, Motihari in connection with Paharpur P.S. Case No. 88 of 2023.
7. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Pharpur Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.
8. As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.
(Sandeep Kumar, J) Vikas/- U