Patna High CourtCR. MISC./8908/2019bail granted

Nikesh Kumar v. The State Of Bihar

2019-03-11Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8908 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- KATORIYA District- Banka * ====================================================== NIKESH KUMAR, aged about 28 years, (M) Son of Anuplal Choudhary, Resident of village- Patwara, P.S. Katoria, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Katoria P.S. Case No. 164 of 2018 registered for the offence punishable under Sections 25 (1b)a, 26 and 35 of the Arms Act. Allegation is of recovery of one empty country made Masket from the possession of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Nothing has been recovered from his possession. Allegation against petitioner is false and concocted. Petitioner has got no criminal antecedent and is in custody since 15.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court CR. MISC. No.8908 of 2019(2) dt.11-03-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, in connection with Katoria P.S. Case No. 164 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) manoj/- U T