Anmol Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.37966 of 2016 (2) dt.23-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37966 of 2016 Arising Out of PS.Case No. -64 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Anmol Kumar S/o Mukul Singh @ Om Prakash Singh R/o VillageSinghaila, P.S.- Motipur, District- Muzaffarpur..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar -3 For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Motipur P.S. Case No. 64 of 2016 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 25(ii)/35 of the Arms Act.

Allegedly, the petitioner and co-accused Dinesh Sahni were arrested and from possession of the petitioner one dagger, one mobile and cash of Rs. 15,800/- were recovered and further the motorcycle recovered from their possession were also found of which engine and chasis number were cut away. Submission is of false implication and that the amount recovered is of the petitioner, nothing has been recovered from possession of the petitioner, no offence under the Arms Act is made out against the petitioner, the petitioner has no concern with

Patna High Court Cr.Misc. No.37966 of 2016 (2) dt.23-09-2016 the said motorcycle, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is suffering in custody since 21.03.2016 though he was arrested on 19.03.2016.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, J. M. Ist Class, Muzaffarpur in connection with Motipur P.S. Case No. 64 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T