Patna High CourtCR. MISC./41864/2017bail granted

Arun Kumar v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41864 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Arun Kumar Son of Late Lalan Yadav, R/o Village- Dhobiya, Police Station- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bihta P.S.Case No.267 of 2017 , registered for offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-B)A, 26 and 35 of the Arms Act. Allegation against the petitioner is of recovery of one loaded country-made pistol and there is also allegation that he was arrested while he was preparing for dacoity.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he has no criminal antecedent. The petitioner is in custody for about 4 1⁄2 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41864 of 2017 (2) dt.11-09-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Bihta P.S.Case No.267 of 2017 . With 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 co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T