Animesh Patel Vs the State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr.Vaishnavi Singh, Adv. For the Opposite Party/s : Ms.Rina Sinha, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 09-01-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner seeks bail in connection with Dumra P.S. Case No. 252 of 2023 registered for the offences punishable under Section 409 of the Indian Penal Code read with Section 30 of the Arms Act.

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As per prosecution case, the allegation against the petitioner that he has misappropriated the government pistol and 7 live cartridges of 9 mm.

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Learned counsel for the petitioner submits that the house of the petitioner was searched while he was in judicial custody and hence, he cannot explain how the said government pistol and 7 live cartridges of 9 mm could not be traced out. He further submits that petitioner is ready to face the departmental

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Patna High Court CR. MISC. No.65094 of 2023(3) dt.09-01-2024 2/3

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proceedings. Being a government official, he can not evade the direction issued by the higher authority. Petitioner is in custody since 15.07.2023 and bears criminal antecedent of one case in which he has been apprehended. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Petitioner is innocent and has committed no offence as alleged against him in F.I.R.

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

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Considering the facts and circumstances of the case, period of custody, 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 Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 252 of 2023, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

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Patna High Court CR. MISC. No.65094 of 2023(3) dt.09-01-2024 3/3

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the affidavit in bail application.

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(ii) Petitioner will co-operate in trial and will

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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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alok/-

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U T

Animesh Patel v. the State of Bihar

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Animesh Patel v. the State of Bihar

Case brief

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