Raucky Kumar @ Bablu Kumar @ Rishav Kumar Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8933 of 2019 Arising Out of PS. Case No.-64 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== RAUCKY KUMAR @ BABLU KUMAR @ RISHAV KUMAR RAJ, aged about 23 years, (M) Son of Sri Dilip Singh @ Dilip Kunwar Resident of Village - Dumari (Allahchak) Mohanpur, at present residing at village - Bakhtiarpur, police station - Bakhiarpur, Distt - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Sharma For the Opposite Party/s :
Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.
Allegation is recovery of one loaded pistol and two cartridges from the possession of petitioner. It is further alleged that they were apprehended by the police while they were planning to commit some grave crime.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He is in custody since 08.02.2018.
Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.8933 of 2019(2) dt.02-04-2019 2/2 of the case, let 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 court below where the case is pending in connection with Bakhtiarpur P.S. Case No. 64 of 2018, with following condition:- (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