Patna High CourtCR. MISC./56886/2018bail granted

Vivek Kumar v. The State Of Bihar

2018-10-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56886 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -SHANKARPUR District- MADHEPURA ======================================================

1. Vivek Kumar, S/o Bablu Yadav @ Mithilesh Yadav, resident of Village- Jitpur, P.S.- Shankarpur, Distirct- Madhepura. at present VillageBari Ward No. 3, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Shankarpur P.S. Case No. 82/2018, instituted for the offences under Sections 392, 411, and 414 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of Arms Act.

Learned counsel for the petitioner has submitted that petitioner is in custody since 07.07.2018. He has no criminal antecedent. As per written report, some villagers apprehended this petitioner with motorcycle and on search four live cartridges were recovered from his possession. The petitioner did not produce any paper of recovered article.

Considering the clean antecedent of the petitioner,

Patna High Court Cr.Misc. No.56886 of 2018 (2) dt.04-10-2018 2/2 prayer of the petitioner for grant of bail is allowed. 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 learned Addl. Chief Judicial Magistrate 1st, Madhepura in connection with Shankarpur P.S. Case No. 82/2018, subject to the conditions that (i) both the bailors shall be the close relative of the petitioner.

(ii) petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (iii) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J.) Rakhi U T