Patna High Court
Bittu Kumar @ Niraj Kumar vs The State Of Bihar on 24 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18093 of 2020
Arising Out of PS Case No.-783 Year-2019 Thana- HAJIPUR District- Vaishali
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Bittu Kumar @ Niraj Kumar, age about 20 years, (Male) Son of Ashok
Chaudhary, Resident of Village - Loha Ka Pul, Mansaram Ka Akhara, PS-
Mehandiganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kr Singh No.1, Advocate
For the State : Mr. Brajendra Nath Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 24-02-2021
Heard Mr. Ajay Kumar Singh No. 1, learned counsel for
the petitioner and Mr. Brajendra Nath Pandey, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
2. The petitioner is in custody in connection with
Hajipur Town PS Case No. 783 of 2019 dated 29.08.2019
instituted under Sections 413/414 of the Indian Penal Code and 25
(1-B)(a)/26/35 of the Arms Act.
3. This is the second attempt of bail by the petitioner as
earlier such prayer was rejected by order dated 07.01.2020 passed
in Cr. Misc. No. 80529 of 2019.
Patna High Court CR. MISC. No.18093 of 2020 dt.24-02-2021
4. The allegation against the petitioner and others is of
being member of a gang from which firearms and equipment for
cutting locks were recovered from the tempo they were travelling
on, which also did not have any papers.
5. Learned counsel for the petitioner submitted that he
has been falsely implicated as nothing has been recovered from
the conscious possession of the petitioner. It was submitted that
the petitioner is in custody since 29.08.2019 and has one other
criminal antecedent of the year 2018, in which he is on bail. It was
submitted that co-accused Raushan Kumar has been granted bail
by a co-ordinate Bench by order dated 14.01.2020 in Cr. Misc.
No. 81667 of 2019 and Sumit Kumar by order dated 17.01.2020
passed in Cr. Misc. No. 1231 of 2020.
6. Learned APP submitted that the petitioner being
caught on a tempo without papers and with firearms which has
been recovered for other co-accused as also equipment for cutting
locks, it is clear that he was very much part of a gang which
indulges in such activity. Learned APP further submitted that the
petitioner also carries criminal antecedent.
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.
Patna High Court CR. MISC. No.18093 of 2020 dt.24-02-2021
25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Vaishali (Hajipur) in Hajipur Town PS Case No. 783
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, 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
