Shiv Shankar Kumar @ Bigan v. The State Of Bihar

Patna High Court Cr.Misc. No.41492 of 2017 (2) dt.07-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41492 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Shiv Shankar Kumar @ Bigan S/o Baidhnath Rai Resident of Village - Badoli, P.S. - Lalganj, District - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 55 of 2017, registered for offences punishable under Section 25(1-b)A/26/35 of the Arms Act. Prosecution case is that police on information that some persons are planning to commit a crime raided the place, where three persons managed to escape and two were caught and on search one country made pistol along with one cartridge was recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, petitioner has sufficiently been punished for the said offence as he has been in judicial custody for last five and half months and so far one criminal antecedent is concerned, he is on bail in that case. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.41492 of 2017 (2) dt.07-09-2017 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 CJM, Vaishali, Hajipur, in connection with Lalganj P.S. Case No. 55 of 2017, 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