Patna High CourtCR. MISC./7952/2019disposed

Ganesh Ram v. The State Of Bihar

2019-02-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7952 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== GANESH RAM, aged about 40 years, (M) Late Deb Saran Ram Resident of Village- Gosai Bigha, Police Station- Harnaut (Chero), District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Harnaut (Chero) P.S. Case No. 233 of 2018 registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.

Allegation is of recovery of a gun from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. He is in custody since 10.09.2018.

Considering the fact that petitioner is having criminal antecedent and custody period of the petitioner, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.7952 of 2019(2) dt.26-02-2019 2/2 However, it is observed that the petitioner named above be released on bail after completing six months of jail custody by the court below upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut (Chero) P.S. Case No. 233 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) manoj/- U