Sandesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58711 of 2018 Arising Out of PS.Case No. -207 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Sandesh Kumar, Son of Rajeshwar Sah, Resident of Village- Balganga, P.S.- Raghunathpur (O.P.) Turkaulia, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Madhav Jha, Adv. For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Turkauliya (Banjaria) P.S. Case No. 207/2018, registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)A, 26 and 35 of the Arms Act.

Informant alleged that on secret information that accused persons have assembled to commit crime, he along with other police officials raided the place. Six accused persons including the petitioner were apprehended and from their possession arms and ammunitions, motorcycle and mask were recovered. It has been submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from

Patna High Court Cr.Misc. No.58711 of 2018 (2) dt.09-10-2018 2/3 possession of the petitioner. On the date of occurrence petitioner had gone to meet his relative (Muasi) at Singhiya. Petitioner has no criminal antecedent. He is in custody since 14.04.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Motihari in connection with Turkauliya (Banjaria) P.S. Case No. 207/2018, subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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

Patna High Court Cr.Misc. No.58711 of 2018 (2) dt.09-10-2018 3/3 cancellation of bail of the petitioner.

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