Ankit Kumar @ Gugun Kumar @ Gugunrai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76518 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- SAHAR District- Bhojpur ====================================================== Ankit Kumar @ Gugun Kumar @ GugunRai son of Yugeshwar Ray villageBaruhi, Ps- Sahar, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate :
Ms. Divyani Shekhar, Advocate For the State :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-10-2024 Heard Ms. Divyani Shekhar, learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in judicial custody in connection with Sahar P.S. Case No. 32 of 2024 for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act, lodged on 22.02.2024 by the informant, Vijendra Prasad.
3. As per the prosecution story, the informant alleged that during patrolling/vehicle checking near Sahar bridge, this petitioner who was roaming, intercepted and there is recovery/ seizure of country made pistol along with live cartridges. Accordingly, the arresh/F.I.R.
4. Learned counsel for the petitioner submits that only because of criminal antecedent, the police keeps on
Patna High Court CR. MISC. No.76518 of 2024(2) dt.24-10-2024 2/3 implicating him for which he has already suffered by being in custody since 23.02.2024 (wrongly inscribed as 23.03.2024 in paragraph no.15 of the petition).
5. Learned APP for the State opposes the prayer submitting that he has criminal antecedent.
6. Taking into account submissions put forward by the parties as also his period of custody and further undertaking has been been given by the learned counsel for the petitioner that he shall be diligently appearing in trial and in case, he is involved in any other criminal case the present bail bond shall be canceled by the learned Trial Court, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Sahar P.S. Case No. 32 of 2024, subject to the following conditions: (i) one of the bailor should be the family member/relative 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 failure to do so for two consecutive dates
Patna High Court CR. MISC. No.76518 of 2024(2) dt.24-10-2024 3/3 without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in now way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(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 bail bonds. (Rajiv Roy, J) vinayak/- U T