Bittu Kumar @ Niraj Kumar vs State Of Bihar

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.

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.

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.

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.

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.

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.

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. 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.

The application stands disposed off in the aforementioned terms.