Ram Kumar @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7302 of 2019 Arising Out of PS. Case No.-134 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== RAM KUMAR @ SAURAV KUMAR aged about 20 years Male s/o Ram Shankar Singh Resident of village-Rahatpur, P.S.-Balia, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Birpur P.S. Case No. 134 of 2018 registered for the offence punishable under Sections 399, 402, 412, 413, 414 of the Indian Penal Code and Section 25(1-b)a/26(i)(ii)/35 of the Arms Act. Allegation against the petitioner is of planning to commit dacoity along with FIR named accused with arms and ammunitions.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this

Patna High Court Cr.Misc. No.7302 of 2019(2) dt.18-02-2019 2/3 case due to village politics. Nothing incriminating has been recovered from the possession of the petitioner. Petitioner is a student of Intermediate and has to appear in the final examination scheduled to commence from 14.02.2019. Petitioner has got no criminal antecedent and is in custody since 01.12.2018.

Considering the aforesaid facts and circumstances of 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 Additional Chief Judicial Magistrate, Begusarai, in connection with Birpur P.S. Case No. 134 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

Patna High Court Cr.Misc. No.7302 of 2019(2) dt.18-02-2019 3/3 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) ranjan/- U