Allowed

Raunak Kumar @ Chhotu v. The State of Bihar

Patna HC7 Dec 2022CR. MISC./45079/2022

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner in a case under the Arms Act for possessing illegal firearms. The court noted the petitioner's clean antecedents and the absence of likelihood for evidence tampering, despite non-compliance with seizure list requirements, granting bail on a bond of Rs. 10,000 with conditions.

What did the court decide?

Petitioner released on bail on bond of Rs. 10,000 with two sureties, subject to conditions regarding appearance and non-tampering.

Raunak Kumar @ Chhotu Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45079 of 2022

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Arising Out of PS. Case No.-19 Year-2022 Thana- MATIHANI District- Begusarai

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======================================================

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RAUNAK KUMAR @ CHHOTU Son of Late Vijay Singh Resident of village - Ramdiri, Tola - Ramnagar, P.S.- Matihani, District - Begusarai.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Pranav Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 07-12-2022

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Let the defect(s), as pointed out by the office, be

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removed within a period of four weeks from today.

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in connection with Matihani P.S. Case No. 19 of 2022 registered for the offences punishable under Section 25(1-B) a, 26, 35 of the Arms Act.

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As per prosecution case, petitioner alongwith other co-accused in furtherance of their common intention have collected the huge quantity of fire-arms and ammunitions and they had supplied and sold by them to other miscreants. It is alleged that petitioner was apprehended with illegal countrymade pistol, two live cartridges alongwith mobile in question.

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Patna High Court CR. MISC. No.45079 of 2022(2) dt.07-12-2022 2/3

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Learned counsel for the petitioner submits that petitioner is in custody since 18.02.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that seizure list has not been made as per law. There is no compliance of Section 100 of Cr.P.C. He further submits that petitioner is quite innocent and falsely implicated in the case.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner , charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Begusarai in connection with Matihani P.S. Case No. 19 of 2022, subject to following conditions:-

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(i) One of the bailors shall be either father or

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Patna High Court CR. MISC. No.45079 of 2022(2) dt.07-12-2022 3/3

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mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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vashudha/-

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U T

Raunak Kumar @ Chhotu v. The State of Bihar

Case brief

What is this about?

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Raunak Kumar @ Chhotu v. The State of Bihar

Case brief

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