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Patna High CourtCR. MISC./26433/2021allowed

Sanket Kumar @ Golu v. The State Of Bihar

2021-07-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26433 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- BAHADURGANJ District- Kishanganj ====================================================== SANKET KUMAR @ GOLU Son of Kailash Kumar Mahto Resident of Village - Rahmanganj, P.S.- Bahadurganj in the distt. of Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 399/402 of the Indian Penal Code and sections 25, 26/35 of the Arms Act. As per the prosecution case, on the secret information that some miscreants have assembled to commit crime, police conducted raid and petitioner and two other accused persons were apprehended on the spot. One mobile phone was recovered from the petitioner, whereas a mobile phone, a loaded country made pistol with one live cartridge, and a motorcycle were recovered from the other two co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.26433 of 2021(2) dt.29-07-2021 2/2 case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has claimed clean antecedent and he is in custody since 14.11.2020. Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in Bahadurganj Police Station Case No. 337 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T