Sudhir Kumar @ Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30130 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== SUDHIR KUMAR @ SUDHIR YADAV Son of Satyendra Kumar @ Shailendra Prasad Resident of Village - Jolahbigha (Jolabigha), P.S.- Islampur, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 25(1-b)a, 26/35 of the Arms Act.

As per the prosecution case, one country made pistol and two live cartridges were recovered from the house of the petitioner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and recovery has been from the house of joint family. Petitioner is in custody since 14.11.2020 and charge sheet has already been submitted.

Patna High Court CR. MISC. No.30130 of 2021(2) dt.12-08-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, 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 Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Islampur PS case No. 359/2020 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/ her absence on two consecutive dates without sufficient reason, his/her 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) BKS/- U T