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Patna High CourtCR. MISC./4064/2016bail granted

Keshav Kumar @ Abhishek Kumar @ Keshave Kumar v. The State Of Bihar

2016-03-28Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4064 of 2016 Arising Out of PS.Case No. -595 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Keshav Kumar @ Abhishek Kumar @ Keshave Kumar S/o Umesh Prasad Singh, R/o Vill.- Nirala Nagar, P.S.- Town (Ratanpur O.P.), DistrictBegusarai .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Rajeev Nayan , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 595 of 2015 registered for the offences punishable under Section 25(1-b)a /26/35 of the Indian Penal Code.

Allegedly, from possession of the petitioner, one loaded country made pistol and two live cartridges besides cash of Rs. five lakhs and mobile were recovered.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.4064 of 2016 (3) dt.28-03-2016 2/3 petitioner has been made victim of the circumstances, nothing has been recovered from his conscious possession, the amount recovered from possession of the petitioner is of the petitioner and for releasing the same, the petition has already been filed. The petitioner has got only one case, and as such, the petitioner suffering in custody since 27.10.2015, deserves sympathetic consideration. F.I.R. has been lodged after delay of one day and further, the petitioner was produced before the learned Chief Judicial Magistrate on 27.10.2015 after delay of two days. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner, above named, shall be released on bail after completion of six months in custody on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 595 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the

Patna High Court Cr.Misc. No.4064 of 2016 (3) dt.28-03-2016 3/3 petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T