Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25135 of 2018 Arising Out of PS.Case No. -11 Year- 2018 Thana -KARJA District- MUZAFFARPUR ====================================================== Bipin Kumar Son of Mahendra Sahani Resident of Village-Bahilwara, Govind, Laxmipur, P.S., Saraiya District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.1.2018 in connection with Karja P.S. Case No.11 of 2018 for the offences alleged under Sections 399, 402, 412, 414 of the Indian Penal Code and Section 25(1-B)/A/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of motorcycle and one country made pistol with one cartridge. It is submitted that the motorcycle in question belongs to the petitioner's father and is not stolen property.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as period of custody since 19.1.2018, let the petitioner above named be

Patna High Court Cr.Misc. No.25135 of 2018 (2) dt.03-05-2018 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount leach to the satisfaction of learned A.C.J.M., 2nd (W), Muzaffarpur, in connection with Karja P.S. case No.11 of 2018, 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) N.H./- U T