Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29966 of 2018 Arising Out of PS.Case No. -32 Year- 2017 Thana -UNIVERSITY District- MUZAFFARPUR ======================================================

1. Alok Kumar S/o Surya Narayan Singh @ Satya Narayan Singh, R/o Vill.- Baraitha, P.S.- Katra, Distt.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. U.L. Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 18.12.2017 in connection with University P.S. Case No. 32/17 registered for the offences punishable under Sections 25(1-b)A/26/35 Arms Act 3/5 Explosive Substance Act and 452/386/120B of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been taken into custody only on the suspicion and the main recovery of arms was from another co-accused persons and not this petitioner. It is further submitted that he is studying in Allahabad but since other co-accused person was known to him, he had come to take an examination at Muzaffarpur in connection with recruitment in the Army. Learned counsel for the petitioner

Patna High Court Cr.Misc. No.29966 of 2018 (2) dt.18-05-2018 2/3 submits that the petitioner has no criminal antecedent and similarly situated co-accused persons have been given the benefit of regular bail in Cr. Misc. No. 19002 of 2018, vide order dated 27.04.2018.

In view of the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub-Judge, 8th, Muzaffarpur, in connection with University P.S. Case No. 32/17, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) 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 reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if

Patna High Court Cr.Misc. No.29966 of 2018 (2) dt.18-05-2018 3/3 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. (Anjana Mishra, J) Saif/- U T