Judgment · High Court

Mr. Nilendu Kumar Choudhary Mr. Uma Shankar Prasad Singh- A.P.P. ORAL ORDER 2 30-09-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379, 411 and 34 of the Indian Penal Code and Section 25(1-b)a of the Arms Act.

The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 13.03.2024, he received an information that petitioner along with other accused persons are planning to commit an offence and the plan is being made in the house of the petitioner. Accordingly, the informant along with the police force reached the house of the petitioner for verifying the information, when it is alleged that an accused threw a black Patna High Court CR. MISC. No.60696 of 2024(2) dt.30-09-2024 bag in his courtyard and fled. On search of the bag, several articles were recovered as detailed in the FIR and a motorcycle was also recovered from the door of the house of the petitioner, which was without any number plate. Further, the Chaukidar disclosed the name of the petitioner and other accused.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the motorcycle, which was recovered from the door of the petitioner, stands registered in the name of Babita Devi, mother of co-accused Suraj Kumar. It is also submitted that mobile and AADHAR were in the name of co-accused Guddu Kumar. It is also submitted that since the articles which were recovered from the bag belongs to Guddu Kumar, hence the pistol also belonged to him, but then, it is submitted that petitioner based on suspicion came to be implicated when he was not aware that Guddu was carrying pistol in the bag.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Smt. Sweta Chaudhary, the learned Judicial Magistrate, 1st Class, Sheikhpura in connection with Karandey P. S. Case No.16 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his maternal uncle (Mama) Arun Kumar.

The application stands allowed. Patna High Court CR. MISC. No.60696 of 2024(2) dt.30-09-2024

However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

Further, it is made clear that in the event, if charge- sheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall loose its effect.

Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T