Ashwini Kumar @ Ashwini Manjhi v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN Mr. Kumar Sameer, Adv. Mr. Rajendra Nath Jha, APP ORAL ORDER 2 25-02-2023 Let the defect(s), if any, be removed within two weeks from today. Heard learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks regular bail in connection with Banka P.S. Case No. 151 of 2021 lodged under Section 307 of the I.P.C. read with Sections 25(1-b)a/ 26/ 27 of the Arms Act. As per the prosecution case, the allegation of firing upon the accused person is there once at the shop and second time on the Bolero vehicle. It has been stated by the informant that informant has handed over the accused as well as desi katta and motorcycle, thereafter the F.I.R. has been lodged.

Learned counsel for the petitioner submits that the entire prosecution story is basically a concocted story. Upon Patna High Court CR. MISC. No.62223 of 2022(2) dt.25-02-2023 comparison between the F.I.R. and the seizure list, it transpires that F.I.R. has been lodged by the informant Ashutosh Kumar, whereas the person who has handed over desi katta and motorcycle is not by the informant but other person. Counsel further submits that 5 antecedents have been shown in paragraph 3 of the petition. Counsel submits in this regard that all the cases have been filed against the petitioner by the informant or his family members. He submits that petitioner is in custody since 27.04.2022. Learned counsel for the State opposes the prayer for bail. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.

151 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates Patna High Court CR. MISC. No.62223 of 2022(2) dt.25-02-2023 without sufficient cause, shall be resulted into cancellation of his bail bond. B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner. C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond. allowed. With this observation, the bail application stands sadique/- U T (Dr. Anshuman, J.)