Patna High CourtCR. MISC./7775/2020bail granted

Dharmender Kumar v. The State Of Bihar

2020-07-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7775 of 2020 Arising Out of PS. Case No.-121 Year-2019 Thana- BEERPUR District- Begusarai ====================================================== DHARMENDER KUMAR Son of Shri Upender Rai Resident of Village - Matihani Ward No. 6, P.S.- Matihani, Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Birpur P.S. Case No. 121 of 2019, registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Earlier, the bail application of this petitioner was rejected by this court vide order dated 14.01.2020 passed in Cr. Misc. No. 321 of 2020 with liberty to renew the prayer for bail after framing of charge. This is the second attempt. It is submitted on behalf of the petitioner that petitioner is in custody since 10.09.2019. Other co-accused have

Patna High Court CR. MISC. No.7775 of 2020(2) dt.09-07-2020 2/2 been granted bail by this court. Moreover, charges have been framed on 22.01.2020.

Keeping in view the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Begusarai in connection with Birpur P.S. Case No. 121 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T