Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26790 of 2017 Arising Out of PS.Case No. -1358 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================
1. Om Prakash Kumar Son of Kedar Singh, Resident of Village- Barki Kazpurwa, P.S.- Darigawan, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Prakash Singh For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 Heard the parties.
The petitioner seeks regular bail in connection with Sasaram (T) P.S.Case No.1358 of 2016, registered for offences punishable under Sections 25(1-b), a 26, 27 and 35 of the Arms Act. Allegation against the petitioner is about recovery of one loaded country-made Pistol.
Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. The petitioner has remained in custody for about seven months. So far other case is concerned, it has been submitted that those cases are of different nature and not of the Arms Act and he is on bail in those cases. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.26790 of 2017 (2) dt.11-07-2017 2/2 circumstances, as stated above, 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 C.J.M., Rohtas at Sasaram in connection with Sasaram (T) P.S.Case No.1358 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.
(ii) 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.
(iii) In future, if his active participation is found in similar type of cases, his bail bond shall automatically be cancelled.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U