Lavkesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19583 of 2019 Arising Out of PS. Case No.-1043 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== LAVKESH KUMAR, son of Mangal Prasad Kushwaha @ Mangal Mahto, resident of Haraiya, P.S. Haraiya (Raxaul), Distt. East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Bettiah Town P.S. Case No. 1043 of 2018, instituted for the offence under Section(s) 399, 402, 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act.

It is alleged in the written report that one loaded country made pistol has been recovered from possession of the petitioner.

Counsel for the petitioner submits that petitioner is in custody since 6.12.2018 having clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let

Patna High Court CR. MISC. No.19583 of 2019(2) dt.01-04-2019 2/2 the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Betttiah, West Champaran, in connection with Bettiah Town P.S. Case No. 1043 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows: (i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T