Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4129 of 2020 Arising Out of PS. Case No.-310 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== Sachin Kumar, aged about 25 years, gender Male, Son of Umesh Singh Resident of Village - Bihat, Gurdaspur Tola, P.S.- Barauni F.C.I., District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

23-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Barauni P.S. Case No. 310 of 2019 registered for the offence under Sections 25(1-B)A, 26 & 35 of the Arms Act.

As per the prosecution case, one loaded country-made pistol was recovered from the possession of the petitioner by the police during patrolling.

It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. It is further submitted that chargesheet has already been submitted against the petitioner. It is further submitted that there is no allegation against the petitioner of tampering with the evidence. Petitioner is in custody since

Patna High Court CR. MISC. No.4129 of 2020(2) dt.23-01-2020 2/2 22-07-2019.

Considering the aforesaid facts and circumstances as well as considering the period of custody, let the above named petitioner be enlarged 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, Begusarai in connection with Barauni P.S. Case No. 310 of 2019 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 and shall remain physically present, as directed by the Court 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