Kumar Gaurav @ Vote Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47082 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -SAKRA District- MUZAFFARPUR ====================================================== Kumar Gaurav @ Vote Babu, S/o Arvind Kumar Mishra, Resident of Vill.- Jagdishpur Baghnari, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shantanu Kumar For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 22.02.2018 in connection with Sakra P.S. Case No. 66 of 2018 for the offence registered under Sections 25 (1-b)a/ 26 of the Arms Act. Learned counsel for the petitioner submits that actually the petitioner was having a criminal history and he had been granted bail in those cases and thereafter, he had left the State and was working in Jamnagar, Gujrat. It is further submitted that on his return from Jamnagar, Gujrat, where he had been working, the petitioner was apprehended on suspicion and thereafter, the police remanded him in connection with the present case and, in fact, no recovery has been made from the conscious possession of the

petitioner. It is further submitted that the petitioner was also not arrested from his home and therefore, the entire case is false and fabricated.

Considering the aforesaid facts and circumstances of the case and also the fact that the petitioner is in custody for five months, 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 A.C.J.M., IVth, Muzuffarpur in connection with Sakra P.S. Case No. 66 of 2018, subject to the following conditions :-

(1) one of the bailors will be his father.

(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