Aditya Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83684 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Aditya Kumar @ Chhotu Kumar Son of Sri Ajay Kumar R/O Pashupalan Colony Ward No.2, P.S. And District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned Addl. P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-25(1-B)a, 26 of the Arms Act.

3. As per prosecution case, on secret information, the police raided the house of the petitioner and recovered four pistols and some cartridges from his house. The petitioner attempted to flee away and in course of fleeing away, he jumped from the first floor of his house as a result of which, he suffered injuries.

4. Learned counsel for the petitioner has submitted that nothing was recovered from conscious possession of the

Patna High Court CR. MISC. No.83684 of 2023(6) dt.10-07-2024 2/3 petitioner. He is a person of clean antecedent and he is in custody since 08-05-2023. Learned counsel for the petitioner has also submitted that FIR itself shows that he has suffered injuries which have not been cured uptill now and those injuries have become infectious. The petitioner is in urgent need of treatment.

5. On the otherhand, Mr. Shailendra Kumar, learned APP has opposed the prayer for bail.

6. A report regarding stage of trial has been called for, which has been received.

7. From perusal of the report, it appears that uptill now, out of six charge sheeted witnesses, only one witness has been examined.

8. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Sri Amit Kumar Singh, learned Judicial Magistrate-Ist Class, Saharsa in connection with Saharsa Sadar P.S. Case No. 281 of 2023 with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

9. The petitioner will appear on each and every date

Patna High Court CR. MISC. No.83684 of 2023(6) dt.10-07-2024 3/3 fixed by the trial court and if, he fails to do so on two consecutive dates, the court below shall be at liberty to cancel the bail bond of the petitioner.

(Nawneet Kumar Pandey, J) A.K.V.//- U T