Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9897 of 2015 Arising Out of PS.Case No. -681 Year- 2014 Thana -NAWADA TownDistrictNAWADA ====================================================== Sunil Kumar S/o Bali Yadav r/o -vill Sinduari, P.S Muffasil, Distt- Nawada .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.12023 of 2015 Arising Out of PS.Case No. -681 Year- 2014 Thana -NAWADA TownDistrictNAWADA ====================================================== Pawan Kumar S/o Kishun Yadav Resident of Village Rajambha, P.S. Muffasil, in the District of Nawada.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Both these applications arise out of Nawada Town P. S. Case No. 681 of 2014 registered for the offence punishable under Sections 399/402/120(B) of the IPC and Section 25(1-B)/26/35 of the Arms Act, as such, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in the aforesaid case. Allegation is that 5-6 persons were planning to commit

Patna High Court Cr.Misc. No.9897 of 2015 (2) dt.24-04-2015 2/3 dacoity near Durgaasthan at bus-stand, out of them three persons including the petitioners were apprehended. Three live cartridges were recovered from the possession of the petitioner Sunil Kumar and one countrymade pistol and one cartridge were recovered from the possession of petitioner Pawan Kumar. It is submitted that Sunil Kumar has no criminal antecedent and Pawan Kumar has a criminal antecedent in which he is on bail. They have been in custody since 5.11.2014. Chargesheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/court concerned in Nawada Town P. S. Case No. 681 of 2014 with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3.

The petitioners will be well represented in the Court on each and every date and in case of absence for two

Patna High Court Cr.Misc. No.9897 of 2015 (2) dt.24-04-2015 3/3 consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T