Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32509 of 2018 Arising Out of PS.Case No. -491 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Nandan Kumar S/o Yogendra Prasad, R/o Mohalla- Mohan Nagar, P.S.- Chapra Town, District- Saran at Chapra.

... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 30.11.2017 in connection with Bhagwan Bazar P.S. Case No. 491 of 2017 for the offence registered under Sections 399, 402, 414 of the Indian Penal Code and Section 25 (1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner was taken into custody on mere suspicion and there was alleged recovery of country-made pistol. It is further submitted that the petitioner has committed no offence. It is further submitted that so far as recovery of arms is concerned, it was from his conscious possession, though alleged to be shown but the petitioner has one criminal antecedent in which the petitioner is not named in the first information report.

Considering the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 491 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his 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 his 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 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) Jagdish/- U T