Arvind Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38502 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arvind Kumar Srivastava Son of Late Suraj Narayan Prasad Resident of Village-Govindapur, P.O.+ P.S.-Turkauliya District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 166 of 2017, registered for offences punishable under Section 25(1-b)a of the Arms Act. Allegation is of recovery of one country made loaded pistol.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R and no recovery has been made from his possession. He has been made accused in this case only on the basis of confessional statement of co-accused and except there is nothing against the petitioner. It has also been submitted that though petitioner is accused in two more cases, however, the petitioner has been made accused in those cases after remand in this case. Petitioner has been in judicial custody for

more than two months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 166 of 2017,subject to the 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 mark his attendance in the concerned police station in the first week of every month, till conclusion of trial (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T