Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75050 of 2018 Arising Out of PS. Case No.-325 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Ashok Kumar S/o Bhutti Paswan R/o Village- Pathak Tola, Chuhadi, P.S. Chanpatiya (Sirisiya O.P.), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Sri Rajendra Prasad Nat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chanpatiya P.S. Case No. 325 of 2018 registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

Allegation against petitioner is recovery of one loaded country made pistol and one live cartridge from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 24.07.2018. Considering the aforesaid fact and circumstances of

Patna High Court Cr.Misc. No.75050 of 2018(2) dt.14-12-2018 2/2 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 A.C.J.M.-Vth, Bettiah, West Champaran, in connection with Chanpatiya P.S. Case No. 325 of 2018, subject to conditions:

(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 shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(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) Rajiv/- U T