Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35379 of 2017 Arising Out of PS.Case No. -95 Year- 2016 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Prakash Kumar Son of Kamendra Sah, Resident of Village- Semari (Maligyabag), P.S.- Dawath, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Jee Mishra For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 The petitioner seeks regular bail in connection with Dawath P.S. Case No. 95 of 2016, registered for offences punishable under Section 399, 402 and 414 of the Indian Penal Code.

Prosecution case in short is that police on secret information raided a place and arrested accused persons including petitioner and on seeing the police they started fleeing away but caught and on being asked for valid papers of the motorcycles, on which they were fleeing away, they fail to produce the valid papers and licenses and from the possession of one of the accused one country made pistol along with one live cartridge was recovered.

It has been submitted on behalf of the petitioner that he

has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner. Further petitioner has been in judicial custody since 02.11.2016. Heard learned A.P.P. also.

Having heard both sides, in view of the above facats, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned SDJM, Bikramganj, District - Rohtas, in connection with Dawath P.S. Case No. 95 of 2016, subject to the 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 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 reasons, the

prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T