Shyam Sundar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30148 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- CHENARI District- Rohtas ====================================================== 1.

SHYAM SUNDAR BIND Son of Kamal Bind Resident of Village - Jogiya, P.S.- Chenari, District - Rohtas at Sasaram 2.

Krishna Bind Son of Shyam Sundar Bind Resident of Village - Jogiya, P.S.- Chenari, District - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2021 Heard learned counsel for the petitioners and the State. Petitioners seek regular bail in a case registered for the offence punishable under Section 25(1-b)a/26/35 of the Arms Act. As per the prosecution case, on secret information a raid was conducted and from the house of the petitioners one single barrel country made rifle was recovered and on the disclosure made by these petitioners several arms and ammunition were recovered from the house of other accused persons.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioners. Petitioner No.1 is aged about 62 years and petitioner No.2 is his son. Petitioners are in custody since

Patna High Court CR. MISC. No.30148 of 2021(2) dt.12-08-2021 2/2 16.12.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Chenari PS case No. 242 of 2020 on the following conditions:-

(1) Petitioners 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 petitioners tamper 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) BKS/- U T