Shyam Babu Kumar vs The State Of Bihar
2021 Latest Caselaw 1132 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 22686 of 2020
   Arising Out of PS Case No.-1185 Year-2019 Thana- AHIYAPUR District- Muzaffarpur
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Shyam Babu Kumar, aged about 25 years, Gender-Male, Son of Kailash Singh, Resident of Village - Baijnathpur (Khanpur), PS - Ahiyapur, District - Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :        Dr. Alok Kumar Alok, Advocate
For the State           :        Ms. Renu Kumari, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-02-2021

Heard Dr. Alok Kumar Alok, learned counsel for the

petitioner and Ms. Renu Kumari, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Ahiyapur PS Case No. 1185 of 2019 dated 01.10.2019 instituted

under Sections 399/402/400401/414 of the Indian Penal Code and

25 (1-B)(a)/26/35 of the Arms Act, 1959.

3. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 07.01.2020 passed

in Cr. Misc. No. 80547 of 2019.

4. The allegation against the petitioner is that from his

house, there was recovery of photocopy of PAN and AADHAR Patna High Court CR. MISC. No.22686 of 2020 dt.24-02-2021

Card of another person, seven mobiles of different companies, one

smart card and one pistol loaded with two live cartridges along

with cartridges kept in a bag in the trunk.

5. Learned counsel for the petitioner submitted that he

was not caught at the spot but named by the persons who were

caught, as the person who had run away, and though from him

recovery is shown but it was the joint house and not in the

exclusive possession of the petitioner. It was submitted that the

petitioner has no criminal antecedent and is custody since

01.10.2019.

6. Learned APP submitted that there is recovery of

firearms from the room of the petitioner and, thus, he cannot plead

innocence.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Muzaffarpur in Ahiyapur PS Case No. 1185 of 2019

subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the petitioner, Patna High Court CR. MISC. No.22686 of 2020 dt.24-02-2021

and (iii) that the petitioner shall also give an undertaking to the

Court that he shall not indulge in any illegal/criminal activity, act

in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T