Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76762 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Pintu Kumar Son of Manoj Singh Resident of village- Ambakala, PS -Piprahi, District -Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-10-2024 Heard Mr. Abhay Shanker Singh, learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Sheohar P.S. Case No. 252 of 2024 for the offence punishable under sections 25(1-B)a, 26 and 35 of the Arms Act lodged on 02.09.2024 by the informant, Abhay Kumar Singh.

3. As per the prosecution story, the informant alleged that during vehicle checking, a motorcycle was intercepted and allegation is that from Sanyog Kumar, country made loaded pistol with two cartridges recovered whereas from this petitioner, an iron fighter (panja) was recovered. Accordingly, the arrest, FIR.

4. It is the case of the petitioner that he is a student, the said iron fighter was in his pocket and no arms have been

Patna High Court CR. MISC. No.76762 of 2024(2) dt.29-10-2024 2/3 recovered from his possession, he is in custody since 03.09.2024 (para 9 of the petition).

5. Learned APP opposes the prayer for bail submitting that the iron fighter also causes injuries which has been recovered/seized.

6. Though the allegation is there, no fire arm has been recovered, he is in custody since 03.09.2024, considering the aforesaid facts, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Sheohar, in connection with Sheohar P.S. Case No. 252 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/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.76762 of 2024(2) dt.29-10-2024 3/3 police station every fortnight for one year to mark his attendance;

(iv) the petitioner shall in no 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 his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T