Shivnandan Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2191 of 2019 Arising Out of PS. Case No.-220 Year-2016 Thana- SIRDALA District- Nawada ====================================================== Shivnandan Bhokta, Male, aged about 60 years, son of Late Jitan Bhokta Resident of Village- Bhitiya, P.S. Sirdalla, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sirdalla P.S. Case No. 220 of 2016 registered for the offences punishable under Sections 25 (1-b)a/26 of Arms Act.

Informant is a police officer has alleged that he received a information and raided the house of accused in search of wine on 06.09.2016 and seized one country made gun and five iron made cartridges from the box. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on the basis of suspicion. Nothing

Patna High Court Cr.Misc. No.2191 of 2019(2) dt.16-01-2019 2/2 incriminating article has been recovered from the possession of the petitioner and alleged recovery has been made from the joint house. Petitioner has no criminal antecedent and is in custody since 18.08.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Nawada, in connection with Sirdalla P.S. Case No. 220 of 2016, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T