Saurav Kumar @ Chhotu v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Manoj Kumar Singh, Advocate Mr. Binod Kumar, APP 2 13-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today. The petitioner seeks bail in connection with Matihani P.S. Case No. 127 of 2021, registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in Patna High Court CR. MISC. No.12076 of 2022(2) dt.13-07-2022 custody since 12.10.2021. The allegation against the petitioner is to have in possession of illegal fire arm i.e., one rifle and five live cartridges. Learned counsel appearing on behalf of the petitioner submitted that for previous enmity with police personnel, due to local issues, the petitioner alongwith own brother has been falsely implicated in this case. It is submitted that alleged recovery is not from the conscious physical possession of the petitioner and, moreover, seizure list is disputed and is not supported by independent witnesses, which is an admitted position, as per seizure list. It is pointed out that petitioner is involved in two other criminal cases, subsequently, after the present one. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State, while opposing the prayer of bail, fairly conceded that the seizure list is not supported by the independent witnesses. Considering the facts and submissions, as mentioned above, as the seizure list is disputed, which is not supported by Patna High Court CR. MISC. No.12076 of 2022(2) dt.13-07-2022 independent witnesses coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Matihani P.S. Case No. 127 of 2021, 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- 1st Class, Begusarai, subject to the following conditions: “(i) That accused/petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (ii) Accused/Petitioner cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents. (iii) That one of the bailors shall be Patna High Court CR. MISC. No.12076 of 2022(2) dt.13-07-2022 Dayashankar Singh, who is the uncle of the petitioner and deponent of the present bail petition.” (Chandra Shekhar Jha, J) Ankit/- Shweta/- U