Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20185 of 2022 Arising Out of PS. Case No.-365 Year-2021 Thana- BALIYA District- Begusarai ====================================================== AMIT KUMAR, SON OF GANGA RAI, R/O VILLAGE- BHAGATPUR, P.S.- BALLIA, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-07-2022 As prayed, learned counsel for the petitioner is permitted to make necessary correction in paragraph 9 of the petition with respect to date of custody during course of the day. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

As per FIR, one country made pistol was recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that at relevant time, he was simply going through that place and only on the basis of suspicion, petitioner has been apprehended by the police in this case. Petitioner is in

Patna High Court CR. MISC. No.20185 of 2022(2) dt.11-07-2022 2/2 custody since 05.11.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ballia P.S. Case No. 365 of 2021 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

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

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T