Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15644 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Sanjay Kumar Son of Sri Raj Kishore Singh resident of VillageHariharpur, P.O- Chaugai, P.s- Karakat, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 Mr. Rohit Kumar For the Opposite Party/s : Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 25(1-B) (a)/26/35 of the Arms Act. Though the petitioner is named in the F.I.R., vide Annexure-1, as an accused, but taking into consideration the fact that only one mobile set was recovered from his possession and the firearm was recovered from possession of co-accused Saurabh Kumar and further taking into consideration that he is in judicial custody since 23.01.2015 and he is said to be the first offender, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Bikramganj in connection with Bikramganj P.S. Case No. 10 of 2015 dated 22.01.2015 corresponding to G.R. No. 88 of 2015, subject to the conditions that:

(A) One of the bailors must be a government servant or close family member of the petitioner, who will file an affidavit in the court below showing

Patna High Court Cr.Misc. No.15644 of 2015 (2) dt.28-05-2015 2/2 his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T