Kunal Singh @ Golu @ Goli And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72790 of 2018 Arising Out of PS. Case No.-158 Year-2018 Thana- RIVILGANJ District- Saran ======================================================
1. Kunal Singh @ Golu @ Goli S/o Kameshwar Singh @ Chamcham Singh Resident of Village-Mukrera P.S. Revilganj Distt-Saran at Chapra.
2. Guddu Mahto S/o Ganesh Mahto Resident of Mohalla Moun Ahirtoli P.S. Chapra town Distt-Siwan at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Smt Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for petitioners and learned counsel for the State.
Petitioners, who are in custody, seek bail in connection with Revilganj P.S. Case No. 158 of 2018 registered for the offences punishable under Sections 399, 402, 414 and 120 (B) of the Indian Penal Code and under Section 25(1-b) a and 26 of the Arms Act.
Allegation against petitioner is recovery of one loaded country made pistol and one live cartridge from the possession of petitioners.
It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have falsely been implicated in this case. Name of the petitioners have surfaced in this case on the basis of confessional statement of co-accused Vikash Kumar Singh and
Patna High Court Cr.Misc. No.72790 of 2018(2) dt.11-12-2018 2/2 except confession there is no other incriminating material against petitioners. They are in custody since 01.07.2018. Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VIII, Saran at Chapra in connection with Revilganj P.S. Case No. 158 of 2018, subject to the conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners 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 petitioners. (S. Kumar, J) Rajiv/ManojU T