Patna High CourtCR. MISC./15302/2021bail granted

Bikki Kumar v. The State Of Bihar

2021-07-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15302 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- CHHABILAPUR District- Nalanda ====================================================== Bikki Kumar S/o Ramo Ravidas @ Raju Ravidas R/o village- Habichak Lailin Nagar, P.S.- NimchakBathani, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Prasad For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Chhabilapur P.S. Case No. 44 of 2020, registered for the offence under Sections 25(1b)a/26/35 of the Arms Act. As per the prosecution case, one blue-coloured Glamour motorcycle, one live cartridge of .315 bore and Rs. 7,000/- (seven thousand) have been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the possession of the petitioner and petitioner is in custody since 15.07.2020. Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.15302 of 2021(2) dt.22-07-2021 2/2 Considering the rival submissions of the parties, materials available on record and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 C.J.M. 5th Bihar Sharif, Nalanda/concerned court in connection with Chhabilapur P.S. Case No. 44 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on 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."

(Prabhat Kumar Singh, J) anay/- U T