Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6540 of 2016 Arising Out of PS.Case No. -101 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ====================================================== Krishna Kumar Son of Maya Bhagat, Resident of Village - Sukul Dumar, P.S. - Bhorey, District - Gopalganj presently residing at Village - Arna Bazar, P.S. - Uchchakagaon, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5 For the Opposite Party/s : Mr. Jitendra Kr. Roy No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Fulwaria @ Phulwaria (Shripur O.P.) P.S. Case No. 101 of 2015 registered for offences under sections 25(1b)(a)/26 of the Arms Act. The police have arrested the petitioner with a country made pistol and he was taken into custody. The petitioner is in jail custody since 12.7.2015.

Looking to the period of custody, let the petitioner, namely, Krishna Kumar, 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 learned Judicial Magistrate, 1st

Patna High Court Cr.Misc. No.6540 of 2016 (2) dt.01-03-2016 Class, Gopalganj in connection with Fulwaria @ Phulwaria (Shripur O.P.) P.S. Case No. 101 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Fulwaria @ Phulwaria (Shripur O.P.) police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been cancelled. (Shivaji Pandey, J) Rishi/- U T