Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51092 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Pawan Kumar son of Sri Asharfi Rai, resident of village -Bhagwatpur, PSVaishali, District-Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s : Mr. Bharat Bhushan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-11-2015 When the case was called out earlier, no one was present for the petitioner. Again the case has been called out, but no one appears to argue this case.

In this case, the petitioner is seeking bail in connection with Muzaffarpur (East) Nagar (Town) P.S. Case No. 82/2015 registered for offences under sections 399 and 442 of the Indian Penal Code and section 25(1-B), A 26(ii), 35 of the Arms Act.

The Police on information that some miscreants were preparing to commit crime, constituted a team and conducted raid 4-5 culprits were present, they attempted to flee away from the place of occurrence. From the possession of the petitioner, the Police recovered live pellet including the Chinese mobile. The counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.51092 of 2015 (2) dt.10-11-2015 2/2 petitioner is in custody since 5/2/2015.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur (East) Nagar (Town) P.S. Case No. 82/2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Mahesh/- U T