Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68274 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Rahul Kumar, Son of Anil Paswan, Resident of Village- Bihat, Jagir Tola, Ward No. 25, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Fulwaria P.S. Case No. 79 of 2018 registered for the offence punishable under Sections 25(1-b), a, 26 of the Arms Act.

Allegation against petitioner is of accompanying the Barat party and on information received by the informant who is the police officer, petitioner was searched and revolver without any cartridge was recovered from his possession. It has been submitted on behalf of the petitioner that he is innocent and he had gone to attend the Barat Party. Petitioner has no criminal antecedent and he is in custody since 24.06.2018.

Patna High Court Cr.Misc. No.68274 of 2018(2) dt.27-11-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Fulwaria P.S. Case No. 79 of 2018 subject to the conditions that:-

(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 and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T