Kaushal Kumar Shyam @ Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63839 of 2018 Arising Out of PS.Case No. -323 Year- 2018 Thana -AGAMKUAN District- PATNA ======================================================

1. Kaushal Kumar Shyam @ Kaushal Kumar, Son of Raju Kumar Rai @ Raju Shyam @ Raju Kumar, Resident of Village- Rahimapur, P.S.- Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Agamkua P.S. Case No. 323 of 2018, registered for offences punishable under Sections 25 (1-b)a/26/35 of Arms Act. Allegation against the petitioner as per F.I.R. is of recovery of mobile and one country made pistol with two live cartridges from the possession of the petitioner along with other co-accused person. It is also alleged that the petitioner is an accused in one more case.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the

Patna High Court Cr.Misc. No.63839 of 2018 (2) dt.25-10-2018 2/2 petitioner and the petitioner has been made accused in one another case bearing Sonepur P.S.Case No. 402 of 2018 in which he is on bail and the petitioner is in custody since 11.05.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S.Case No. 323 of 2018, subject to the 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) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T