Patna High CourtCR. MISC./10510/2019disposed

Sikandar Khan v. The State Of Bihar

2019-02-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10510 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- RAFIGANJ District- Aurangabad ====================================================== SIKANDAR KHAN, age 35 years (Male), S/o Noor Alam Khan village -Charkuppa, P.S- Rafiganj, Dist- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Rafiganj P.S. Case No. 203 of 2018 registered for the offence punishable under Sections 25(1b) a/26 of the Indian Penal Code. Allegation against the petitioner is recovery of single barrel country made gun from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is in custody since 31.10.2018.

Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that the petitioner named

Patna High Court Cr.Misc. No.10510 of 2019(2) dt.21-02-2019 2/2 above be released on bail after completion of six months in custody, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Rafiganj P.S. Case No. 203 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