Shyam Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59085 of 2018 Arising Out of P.S.Case No. -153 Year- 2017 Thana -BALIYA District- BEGUSARAI ====================================================== Shyam Kumar Poddar, Son of Om Prakash Poddar, Resident of MohallaMaksuspur, Police Station- Kasimbazar, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukul Prasad, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-10-2018 Heard learned counsels for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Balia P.S.Case No.153 of 2017 registered under the Arms Act. As per FIR, an unlicensed gun factory was raided and the petitioner alongwith four others were apprehended and some arms were seized by the police.

It has been submitted that there is no specific allegation against him. Nothing has been recovered from his possession. Petitioner is in custody since 24.06.2017 having clean antecedent. The other co-accuseds have been allowed bail by a coordinate Benches of this Court in Cr.Misc.No.22305 of 2018 and Cr.Misc.No.25739 of 2018 respectively.

Patna High Court Cr.Misc. No.59085 of 2018 (2) dt.08-10-2018 2/2 The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. Let the above named petitioner 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 Sri Juned Alam, Judicial Magistrate Ist, Begusarai in connection with Balia P.S.Case No.153 of 2017 with 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) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves 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) B.Kr./- U T