Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5006 of 2019 Arising Out of PS. Case No.-414 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Bittu Kumar, son of Ashok Chaudhary, r/o Village- Loha Ka Pool, Mansa Ram Ka Akhada, P.S. Mehndiganj, Distt. Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satrudhan Kumar, Advocate.

For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Rupaspur P.S. Case No. 414 of 2018 (Trial No. 786 of 2018), instituted for the offence under Section(s) 399, 402, 379, 411, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act. It is alleged in the written report that one loaded country made pistol has been recovered from possession of the petitioner.

Counsel for the petitioner submits that petitioner is in custody since 27.9.2018.

Keeping in view the period spent by the petitioner in custody, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.5006 of 2019(2) dt.05-02-2019 2/2 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Danapur, in connection with Rupaspur P.S. Case No. 414 of 2018 (Trial No. 786 of 2018), subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows: (i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will be liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T