This judgment grants bail to the petitioner, a pillion rider accused of possessing a pistol and cartridge, subject to specific conditions including surety, appearance before the trial court, and fortnightly police reporting.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties, subject to conditions of appearance and reporting.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17684 of 2022
Arising Out of PS. Case No.-19 Year-2022 Thana- MANIYARI District- Muzaffarpur
======================================================
Rohit Kumar Son of Rajesh Kumar Singh @ Rajesh Singh Resident of Village - Bankat, P.S. - Baruraj, District - Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Kumar, Advocate For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-07-2022
Heard learned counsel for the petitioner and learned
counsel for the State in virtual court proceedings.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Maniyari P.S. Case No. 19 of 2022 for the offences under Sections 413, 414/34 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.
The allegation in the FIR is that the police in course of patrolling duty intercepted three motorcycles borne persons and caught them. They were searched and it is alleged that from the possession of the petitioner herein, one country made pistol with one live cartridge as well as a mobile were
Patna High Court CR. MISC. No.17684 of 2022(2) dt.22-07-2022 2/3
recovered/seized. As he failed to provide documents relating to the said seizure, he was taken into custody.
Learned counsel for the petitioner submits that he being a pillion rider became an accused in the case and is in jail since 16.01.2022 (as stated in paragraph-7 of the bail application). He further submits that he has clean antecedent.
Taking into account that petitioner is in jail since 16.1.2022, charge sheet stands submitted and he has no criminal antecedent, this court is inclined to grant him the privilege of bail. However, if it is found that the petitioner has any criminal antecedent, this order shall be come infructuous and no bail shall be granted.
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 Judicial Magistrate, 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 19/2022, subject to the following conditions:-
(i) one of the bailor should be the family member 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
Patna High Court CR. MISC. No.17684 of 2022(2) dt.22-07-2022 3/3
dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) 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.
With the aforesaid observations, the bail application is
allowed.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner who is in judicial custody in connection with offences under IPC and Arms Act.
2 provisions across 2 enactments
Rohit Kumar
The State of Bihar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
