Gautam Kumar @ Pintu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 11175 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -SILAW District- NALANDA (BIHARSHARIFF) ======================================================

1. Gautam Kumar @ Pintu Kumar, Son of Krishna Prasad, resident of Village- Kundi, Police Station- Noorsarai, District- Nalanda.

2. Shivam Kumar Son of Dilip Prasad, resident of Village- Ratanpura, Police Station- Noorasarai, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Anil Kumar Singh, Advocate For the S t a t e : Smt Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners seek bail in a case registered under Sections 147, 148, 149, 353, 307, 414 of Indian Penal Code and Section 27 of Arms Act.

Submission made on behalf of the petitioners is that they have been arrested merely on suspicion. Recovery attributed from the possession of the petitioners is actually the empty shell alleged to have been found at a distance of 50 yards and other than that, there is alleged recovery of mobile phone. The petitioners have no criminal antecedent and are in custody since 17.01.2018. Considering the aforesaid submission, prayer for bail

Patna High Court Cr.Misc. No.11175 of 2018 (3) dt.05-04-2018 2/2 is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Silao Police Station Case No 5 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(2) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T