Patna High CourtCR. MISC./12107/2018bail granted

Munna Kumar v. The State Of Bihar

2018-03-15Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.12107 of 2018 (2) dt.15-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12107 of 2018 Arising Out of PS.Case No. -644 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Munna Kumar S/o Baharan Choudhary, R/o Village- Maulik Bathan Makhdum Sarai Chhapra Road P.S.- Siwan Town (Sarai O.P.) DistrictSiwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.11.2017 in connection with Siwan Town P.S. Case No. 644 of 2017 for the offences alleged under Sections 25(1-B) (a) and 26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one country made loaded katta. It is submitted that in any event he has already suffered about four months in custody.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 17.11.2017, let the petitioner above named be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.12107 of 2018 (2) dt.15-03-2018 of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Town P.S. Case No. 644 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T