Binod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7815 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -SAHIYARA District- SITAMARHI ====================================================== Binod Das, son of Majhi Das, resident of Village- Matiyar Khurd, P.S. Sahiyara, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sahiyara P.S.Case No. 102 of 2016 registered for the offences punishable under Sections 414 of the Indian Penal Code and 25(ib)a, 26 and 35 of the Arms Act.

It has been submitted on behalf of the petitioner that there is alleged recovery of country made pistol with two cartridges and petitioner has remained in custody for about seven months.

Heard learned APP also, who has opposed the prayer for bail stating that petitioner is accused in two other cases also. Having heard both sides and considering the nature of allegation and period of detention, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like

Patna High Court Cr.Misc. No.7815 of 2017 (2) dt.22-02-2017 2/2 amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sahiyara P.S.Case No. 102 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(iv) If the petitioner is indulged in such type of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) spal/- U