Patna High CourtCR. MISC./41276/2016bail granted

Dharamvir Kumar @ Dharamvir v. The State Of Bihar

2016-09-29Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41276 of 2016 Arising Out of PS.Case No. -93 Year- 2015 Thana -PATNA GRP CASE District- PATNA ====================================================== Dharamvir Kumar @ Dharamvir, son of Sunil Sah @ Kaparfuta, R/o Village- Shitalpur, P.S.- Muffasil, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate For the Opposite Party: Mr. Sri Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.05.2016 in connection with Patna Rail Thana P.S. Case No. 93 of 2015 for the offences alleged under Sections 25(1-B), A/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated only on the confessional statement of co-accused Chhotu Kumar @ Chotu Kumar from whose possession arms were recovered. It is stated that no recovery of arms has been made from the conscious possession of the petitioner. The said co-accused Chhotu Kumar @ Chotu Kumar has been granted bail by this Court in Cr. Misc. No. 48773 of 2015.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna in connection with Patna Rail Thana P.S. Case No. 93 of 2015 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.41276 of 2016 (2) dt.29-09-2016 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T