Nathuni Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8529 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- PIRO District- Bhojpur ====================================================== NATHUNI RAM, aged about 28 years, Male, Son of Sohan Ram Resident of Village-Raghunathpur, P.S.-Karakat (Gorari), District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mrs.Sharda Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act and Section 37(b)(c) of Excise Act. Allegation is recovery of one country made pistol and four live cartridges from the possession of the petitioner who was in drunken condition.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from his possession. He has no criminal antecedent and is in custody since 14.06.2018.

Patna High Court CR. MISC. No.8529 of 2019(2) dt.12-03-2019 2/2 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Excise Case No. 974 of 2018, arising out of Piro (Hassanbazar) P.S. Case No. 208 of 2018, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T