Sanjit Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4242 of 2019 Arising Out of PS. Case No.-408 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Sanjit Kumar @ Bhola, aged 20 years, Gender, Male, son of Raj Kumar Thakur, Resident of Village- Gaura, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s A. K. Thakur Shashank Shekhar Ritwaj Raman, Advocates For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-B) A, 26(2) of the Arms Act. Allegation against the petitioner is recovery of one country made pistol along with two live cartridges from his house.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has got criminal antecedent and he is in custody since 29.10.2018.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the

Patna High Court CR. MISC. No.4242 of 2019(3) dt.27-03-2019 2/2 petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that the petitioner named above be released, after one year in custody, on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Teghra P.S. Case No. 408 of 2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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) Sanjay/- U T