Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9600 of 2019 Arising Out of PS. Case No.-814 Year-2018 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Chhotu Kumar, aged about 21 years, Male, Son of Bharat Ray, Resident of Village- Balughat, P.S. - Town, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Ballabh Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-04-2019 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.

Informant has alleged that in a case of kidnapping of Raiyaz Alam, raid was conducted in the house of Shantanu Kumar from where, the kidnapped boy was recovered and four persons including the petitioner were present and they were apprehended and from possession of accused, Suraj Kumar, one country made loaded pistol was recovered, however, no arms were recovered from possession of the petitioner and four persons apprehended there were also booked in Arms Act including the petitioner.

Patna High Court CR. MISC. No.9600 of 2019(3) dt.05-04-2019 2/3 It has been submitted that petitioner has one criminal antecedent instituted on the same day as disclosed in Paragraph no.3 of the petition.

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 court below where the case is pending in connection with Town P.S. Case No. 814 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

Patna High Court CR. MISC. No.9600 of 2019(3) dt.05-04-2019 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T