Alok Kumar @ Alok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22220 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Alok Kumar @ Alok Kumar Yadav Son Of Mahngu Singh R/O VillageSakri, Ward No.-10, P.S.- Kudra, District- Kaimur At Bhabua ... ... Petitioner/S

Versus

The State Of Bihar Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kudra P.S. Case No. 160 of 2021 registered for the offences punishable under Sections 25(1-B)A, 26 of the Arms Act.

As per prosecution case, there is alleged recovery of one pistol kept hidden in sand in a street ahead of house of petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 20.06.2021 and bears criminal history of one case vide Kudra P.S. Case No. 159 of 2021 under Section 302/34 of the IPC. Charge sheet has been submitted in

Patna High Court CR. MISC. No.22220 of 2022(2) dt.20-07-2022 2/3 the case and there is no likelihood of tampering with the prosecution evidence.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Kaimur at Bhabhua in connection with Kudra P.S. Case No. 160 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.22220 of 2022(2) dt.20-07-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) sanjeev/- U T