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Patna High CourtCR. MISC./73808/2022bail granted

Aditya Raj @ Ankit Kumar @ Ankit Singh v. The State Of Bihar

2023-04-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73808 of 2022 Arising Out of PS. Case No.-358 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== Aditya Raj @ Ankit Kumar @ Ankit Singh, S/O Late Ram Kumar Singh @ Shailendra Singh @ Shailendra Kumar Singh, Resident of village- Kothiya Pura, P.S.- Gayghat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the State :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gayghat P.S. Case No. 358 of 2022 dated 29.07.2022 registered for the offences punishable u/ss 25(1-b)a and 26 of the Arms Act.

As per the prosecution case, on seeing the police, the petitioner tried to flee away but he was apprehended by the police and made confessional statement in presence of two witnesses. At the instances of the petitioner, a country made

Patna High Court CR. MISC. No.73808 of 2022(2) dt.06-04-2023 2/3 loaded pistol was recovered from the bush.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is accused in 8 criminal cases and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 31.07.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Gayghat P.S. Case No. 358 of 2022, with the following conditions :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive

Patna High Court CR. MISC. No.73808 of 2022(2) dt.06-04-2023 3/3 dates without reasonable cause, his bail bonds is liable to be cancelled.

2. If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T