Raj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64946 of 2018 Arising Out of PS.Case No. -94 Year- 2018 Thana -BELDOUR District- KHAGARIA ====================================================== Raj Kumar Singh son of Arun Singh Resident of Village-Sakrohar, P.S. Beldaur, Distt.-Khagaria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bishweshwar Ram, Adv. For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Beldaur P.S. Case No. 94/2018, registered for the offences punishable under Section 399 and 402 of the Indian Penal Code and section 25(1-b)a, 26 and 35 of the Arms Act and section 30 and 32 of Bihar prohibition & Excise Act.
Allegation is recovery of one country-made pistol and four live cartridges from the possession of petitioner. It has been submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of petitioner.
Petitioner has no criminal antecedent. He is in custody since 01.06.2018.
Considering the nature of allegation made against the
Patna High Court Cr.Misc. No.64946 of 2018 (2) dt.05-11-2018 2/2 petitioner, I am not inclined to enlarge the petitioner above-named on bail at this stage.
Petitioner may renew his prayer for bail in court below and same shall be granted to the petitioner after completing six months of custody period, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge IInd-cumSpecial Judge, Excise, Khagaria in connection with Beldaur P.S. Case No. 94/2018, 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 properly represented on each and every date fixed by the court.
(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