Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60406 of 2018 Arising Out of PS.Case No. -665 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Suraj Kumar S/o Shri Anandi Prasad Verma, R/o Vill.- Raghopur, P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyabir Bharti For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Earlier prayer for bail of the petitioner was rejected by a Coordinate Bench of this Court vide order dated 09.03.2018 passed in Cr. Misc. No.13629 of 2018, with the observation that the petitioner may renew his prayer for bail after six months. The petitioner is in custody since 25.09.2017 in connection with Bihta P.S. Case No. 665 of 2017, registered for offences punishable under Sections 25(1-B)A, 26/35 of the Arms Act.

Allegation is of recovery of one country made pistol and one live cartridge from the possession of the petitioner. Submission of learned counsel for the petitioner is that the earlier prayer for bail of the petitioner was rejected with observation that the petitioner may renew his prayer for bail after

Patna High Court Cr.Misc. No.60406 of 2018 (2) dt.06-10-2018 2/3 six months. Further submission is that the other co-accused person having similar allegation has already been granted privilege of bail by this Court vide order dated 10.09.2018 passed in Cr. Misc. No. 45553 of 2018. The petitioner is in custody since 25.09.2017. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, in connection with Bihta P.S. Case No. 665 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 himself available as and when required by the court and on the event of failure on his

Patna High Court Cr.Misc. No.60406 of 2018 (2) dt.06-10-2018 3/3 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.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T