Patna High CourtCR. MISC./58248/2018bail granted

Suraj Kumar v. The State Of Bihar

2018-10-06Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58248 of 2018 Arising Out of PS.Case No. -286 Year- 2018 Thana -KOTWALI District- PATNA ======================================================

1. Suraj Kumar son of Naresh Rai, resident of Village- Jethuli, P.S. Fatuhan, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kotwali P.S. Case No.286 of 2018 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. As per F.I.R., the informant who is a police officer apprehended this petitioner and co-accused Prakash Kumar. The police recovered one country made firearm from possession of Prakash Kumar and one live cartridge from possession of this petitioner. The petitioner has denied the allegation of recovery of any material from his possession. He is in custody since 11.05.2018 having clean antecedent and so he deserves bail. The learned A.P.P. for the State opposed the

Patna High Court Cr.Misc. No.58248 of 2018 (2) dt.06-10-2018 submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed 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, Patna in connection with Kotwali P.S. Case No.286 of 2018, 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iii)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