Patna High CourtCR. MISC./57410/2017bail granted

Rahul Kumar @ Ajay Prakash v. The State Of Bihar

2017-12-14Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57410 of 2017 Arising Out of PS.Case No. -708 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Rahul Kumar @ Ajay Prakash S/o Umesh Kumar Roy, R/o MohallaBatraha, Ward No. 26, P.S. & District- Saahrsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No.708 of 2017 registered for the offences punishable under Sections 399, 411, 414/34 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. It has been submitted that the petitioner and three others were arrested by police merely on suspicion. From possession of this petitioner, one mobile and two empty cartridges were recovered. The petitioner is in custody since 08.07.2017. Learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed

Patna High Court Cr.Misc. No.57410 of 2017 (2) dt.14-12-2017 to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No.708 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (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.

(Sanjay Kumar, J) Harish/- U