Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10314 of 2020 Arising Out of PS. Case No.-213 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== ABHISHEK KUMAR S/o Manoj Rai Resident of Village- Hathsarganj, P.S.- Hajipur Town, Distt- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for regular bail arises out of Jandaha P.S. Case No. 213 of 2019, disclosing the offence under Section 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act.
Allegedly, on a tip off, the Police had reached the place of occurrence from where the petitioner and other persons were apprehended. From the petitioner's possession, allegedly, one country made pistol and two live cartridges of .315 bore were recovered.
Learned counsel appearing on behalf of the petitioner referring to the First Information Report has submitted that it
Patna High Court CR. MISC. No.10314 of 2020(2) dt.28-02-2020 2/2 cannot be said that the Motorcycle was recovered from the petitioner's possession. She has further submitted that the petitioner has been falsely implicated.
Considering the nature of accusation and the period of petitioner's custody, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 213 of 2019, subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T