Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30269 of 2021 Arising Out of PS. Case No.-534 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== Vishal Kumar Son of Yogendra Yadav @ Birendra Yadav Resident of Village - Akuri, P.S.- Paliganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
13-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Phulwarisharif (Janipur) P.S. Case No. 534 of 2020, registered for the offence under Sections 399/402 of the Indian Penal Code and Sections 25(1b)a / 26 / 35 of the Arms Act. On a secret information that some miscreants have assembled to commit a crime, a raid was conducted and four accused persons were apprehended, whereas, other four accused persons succeeded in fleeing away. On search, two loaded pistols, two live cartridges and mobile phone have been recovered from the possession of apprehended accused. It is submitted on behalf of petitioner that petitioner has not been arrested on the spot and he has been named in the FIR on the disclosure made by one of the apprehended accused
Patna High Court CR. MISC. No.30269 of 2021(2) dt.13-08-2021 2/2 person. Nothing has been recovered from conscious possession of the petitioner and he is in custody since 06.01.2021. Chargesheet has already been submitted.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner 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 the like amount each to the satisfaction of learned A.C.J.M. IX, Patna in connection with Phulwarisharif (Janipur) P.S. Case No. 534 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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.) anay U T