Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19573 of 2017 Arising Out of PS.Case No. -611 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Pawan Kumar, S/o Ganpat Yadav, R/o Village- Chaturekhap, P.S.- Amas, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Murari Mishra For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sherghati P.S.Case No.611 of 2016, registered for offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Section 25 (1-b), 26/35 of the Arms Act. Allegation against the petiotner is about recovery of one country-made Pistol and two cartridges.

It is submitted on behalf of the petitioner that he has been falsely implicated in this case. He has no criminal antecedent and remained in custody for more than four months. Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the petitioner has no criminal antecedent and remained in custody for

Patna High Court Cr.Misc. No.19573 of 2017 (2) dt.04-05-2017 2/2 more than four months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sherghati, District- Gaya in connection with Sherghati P.S.Case No.611 of 2016.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate 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 reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U