Prince Kumar Yadav @ Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60793 of 2018 Arising Out of PS. Case No.-252 Year-2018 Thana- FALKA District- Katihar ====================================================== Prince Kumar Yadav @ Prince Kumar Son of Viveka Nand Yadav, resident of Village- Pakariya, P.S. Falka, District- Katihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar For the Opposite Party/s :
Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner, who is in custody, seeks bail in connection with Falka P.S. Case No. 252 of 2018 registered for the offence punishable under Section 37(b) of the Bihar Prohibition & Excise Act, 2016 and Section 25 [1-B] a, 26 of Arms Act.
Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.
However, after six months of custody the petitioner would be enlarge on bail by the court below itself on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II cum-
Patna High Court Cr.Misc. No.60793 of 2018(2) dt.11-10-2018 2/2 Special Judge (Excise Act), Katihar, in connection with Falka P.S. Case No. 252 of 2018 subject to the conditions that:-
(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 sufficient reason the trial court will be at liberty to cancel his bail bond.
(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 cancellation of bail of the petitioner. (S. Kumar, J) veena/- U T