Rohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18775 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SARAI District- Vaishali ====================================================== ROHAN KUMAR Son of Sukhindra Singh Resident of Village - Shambhopur Kwari, P.S.- Sarai, Dist.- Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr.N.K. Agrawal, Sr. Advocate and Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party :

Mr.Ahmad Ali, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-06-2020 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offences punishable under Sections 25, 26 and 35 of the Arms Act.

One country made pistol, two live cartridges and mobile phone is said to have been recovered from his possession.

Learned counsel appearing for the petitioner, denying the allegations, submits that the petitioner has falsely been implicated in this case. He submits that the petitioner is a college student and the aforesaid allegation is motivated due to village politics. Petitioner has got no criminal antecedent and he is in custody since 18.1.2020 and the recovery has not been made from his conscious possession.

Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.18775 of 2020(2) dt.04-06-2020 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIII, Vaishali Sarai Police Station Case No. 17/2020, on the following conditions:-

(1) Petitioner 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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) Shashi U T