Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6474 of 2019 Arising Out of PS. Case No.-452 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Arvind Kumar, aged about 24 years, Gender, Male, S/o Sri Vinod Rai Resident of village - Pachhami Saristabad Tenant in the House of Ward Council, Avinash Jee, P.S.- Gardanibagh, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against the petitioner is that while he and co-accused Sarvan Kumar were coming, they tried to flee away on seeing the police and were apprehended on chase and from the possession of co-accused, Sarvan Kumar, a loaded country made pistol with magazine was recovered, however, no arms were recovered from the possession of the petitioner. Petitioner has got no criminal antecedent and is in custody since 06.10.2018.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.6474 of 2019(3) dt.28-03-2019 2/2 the case, let the petitioner named above be released 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 Gardanibagh P.S. Case No. 452 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