Patna High CourtCR. MISC./11278/2019disposed

Ankit Kumar @ Chhotu v. The State Of Bihar

2019-04-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11278 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Ankit Kumar @ Chhotu, aged about 21 years (Male), S/o Jagwali Rai, Resident of Village - Bishram Chauk Bakhari, P.S.-Bakhri, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act. Allegation against the petitioner is recovery of one loaded country made pistol along with three live cartridges from his possession. Petitioner is in custody since 07.11.2018. Considering the facts and circumstances of the case and recovery of arms, 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 the petitioner named above be released, after remaining in judicial custody for six months, on bail upon furnishing bail bond of Rs. 10,000/- with

Patna High Court CR. MISC. No.11278 of 2019(2) dt.04-04-2019 2/2 two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Naokothi P.S. Case No. 112/18 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 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 T