Anish Kumar @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4097 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- IMADPUR District- Bhojpur ====================================================== Anish Kumar @ Anil Kumar Son of Vishwanath Singh @ Anil Kumar Resident of Village-Moapkala, P.S.-Imadpur, District-Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in connection with Imadpur P.S. Case No.85 of 2019 registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

The prosecution case is that while the informant along with police personnel was on duty on 31.10.2019, he got information about gathering of accused persons for committing some crime. After receiving such information, he reached there and saw six persons including the petitioner standing along with two motorcycles and they were apprehended after chase. It is alleged that on search, one loaded country made pistol along with three live cartridges were recovered from the possession of accused Rohit Kumar @ Lala, for which all the accused persons including the petitioner have been made accused in the present case.

Patna High Court CR. MISC. No.4097 of 2020(2) dt.22-01-2020 2/2 It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case. It is also submitted that no incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 31.10.2019 having no criminal antecedent. Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, named above, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Imadpur P.S. Case No.85 of 2019 on the following 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 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. s (Prabhat Kumar Singh, J.) nawalkrs/- U T