Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18007 of 2020 Arising Out of PS. Case No.-693 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GAURAV KUMAR S/O- Raja Ram Singh @ Khakho Singh R/O- Vill. - Sihma, P.S. - Matihani, Dist. - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-06-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable 25(1-B)a, 26/35 of the Arms Act.

Allegation against the petitioner is of recovery of two live cartridges.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of suspicion only. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 05.03.2020 passed in Criminal Miscellaneous No. 12694 of 2020. Petitioner is in custody since 27.11.2019.

Patna High Court CR. MISC. No.18007 of 2020(2) dt.09-06-2020 2/2 Learned APP for the State opposes the prayer for bail. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Begusarai Town P.S. Case No. 693 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U