Patna High Court - Orders
Rahul Pasi vs The State Of Bihar on 21 March, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67045 of 2022
Arising Out of PS. Case No.-652 Year-2022 Thana- BRAHMPUR District- Buxar
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RAHUL PASI S/o Niram Pasi @ Nirmal Pasi R/v- Gajdhara, P.S.- Rajpur,
District- Buxar At present R/o Ward No. 24, Dumraon, P.S.- Dumraon,
District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Setu Prateek, Adv.
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-03-2023Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 25(6), 26 and 35 of the Arms Act.
According to prosecution case, one sharp knife along with chilly power and gloves are said to have been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list, one motorcycle, one sharp knife, four packets of red chilly powder, two packet blades, a silver ring, a silver chain and a oppo mobile have been Patna High Court CR. MISC. No.67045 of 2022(2) dt.21-03-2023 2/3 recovered from the possession of the petitioner. He further submits that there is non-compliance of Section 100 of the Cr.P.C. and there is also breach of Section 57 of the Cr.P.C. as the petitioner was remanded after lapse of 24 hours. He further submits that no case is made out under the Arms Act against the petitioner and the similarly situated co-accused persons namely, Bhola Kumar Pasi has been granted bail vide order dated 16.03.2023 passed in Cr. Misc. No. 70847 of 2022 and other co- accused namely, Dhanoj Kumar @ Dhanoj Prasad has been granted bail vide order dated 27.02.2023 passed in Cr. Misc. No. 67760 of 2022 by antoher co-ordinate Bench of this Court and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 04.09.2022.
The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Brahampur (K.B.) P.S. Case No. 652 of 2022, subject to the following Patna High Court CR. MISC. No.67045 of 2022(2) dt.21-03-2023 3/3 conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) amit/-
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