Bail application in Arms Act case dismissed defects; petitioner released on bail with bonds and conditions to cooperate and not tamper with evidence.
Released on bail by furnishing bonds of Rs. 20,000 with two sureties of like amount, subject to conditions of court attendance and non-tampering.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56142 of 2021
Arising Out of PS. Case No.-282 Year-2021 Thana- KHAGARIA District- Khagaria
======================================================
Sudhanshu Kumar Son Of Navin Kumar Resident of Village- Gopi Tola, P.S.Gangaur, Dist- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shekhar Kumar Singh For the Opposite Party/s : Mr.Ram Anurag Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 01-04-2022
Let the defects, if any, be removed within four weeks
from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks bail in a case registered in connection with Khagaria( Gangaur) P.S.Case No. 282 of 2021 for the offences punishable under Section 25(1-b)a, 26 of the Arms Act.
As per prosecution case, while police personnel making raid, petitioner was apprehended and from his possession one country made pistol and four live cartridges have been recovered.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.56142 of 2021(2) dt.01-04-2022 2/3
petitioner has falsely been implicated in this case and he is in jail custody since 30.03.2021. Petitioner has inimical terms with one Pappu Yadav, who lodged Khagaria P.S.case No. 337 of 2020 against him. Charge sheet has already been submitted and there is no chance of his absconding and tampering with the evidence.
The learned A.P.P opposed the prayer for bail of the petitioner.
Having heard the rival contentions of the parties and taking into consideration the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria in connection with Khagaria( Gangaur) P.S.Case No. 282 of 2021, on the following conditions;
“(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.56142 of 2021(2) dt.01-04-2022 3/3
(ii) 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”
(Harish Kumar, J)
N.K/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail subject to conditions.
SUDHANSHU KUMAR
STATE OF BIHAR
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
