Nikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62993 of 2018 Arising Out of PS.Case No. -76 Year- 2018 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Nikesh Kumar, Son of Ram Kishore Kunwar, Resident of VillageGodargama, Gudarganwan, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pritish Kumar Lal, Adv. For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Sahebpur Kamal P.S. Case No. 76/2018, registered for the offences punishable under Section 414 of the Indian Penal Code and section 25(1-B)a and 26 of the Arms Act.

Allegation is recovery of one country-made pistol loaded with one live cartridge from the possession of petitioner. It has been submitted that petitioner has falsely been implicated in this case. Petitioner has been apprehended on the basis of suspicion.

Petitioner has no criminal antecedent. He is in custody since 31.03.2018.

Patna High Court Cr.Misc. No.62993 of 2018 (2) dt.25-10-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged 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 V, Begusarai in connection with Sahebpur Kamal P.S. Case No. 76/2018, subject to the conditions:

(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 reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U T