Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9968 of 2019 Arising Out of PS. Case No.-1212 Year-2018 Thana- BIHTA District- Patna ====================================================== SAURAV KUMAR aged about 21 years (M) S/o Late Prasant Kumar resident of village-Barahiya, P.S-Barahiya, Distt.-Lakhisarai, at present residing at Mahadeo Market, Yogipur Chawk, House No. 82K, P.S-Patrakar Nagar, Distt.-Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bihta P.S. Case No. 1212 of 2018 registered for the offence punishable under Sections 25 (1B)a, 26 of the Arms Act. Allegation against the petitioner is recovery of one country made pistol loaded and nine cartridges 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 has no criminal antecedent and he is in custody since

Patna High Court Cr.Misc. No.9968 of 2019(2) dt.19-02-2019 2/3 26.10.2018.

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 after completion of Six months in custody, 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 1st Additional Chief Judicial Magistrate, Danapur, Patna, in connection with Bihta P.S. Case No. 1212 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

Patna High Court Cr.Misc. No.9968 of 2019(2) dt.19-02-2019 3/3 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