Uttam Kumar Ram @ Uttam Kumar @ Sadhu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23384 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- ITARHI District- Buxar ====================================================== UTTAM KUMAR RAM @ UTTAM KUMAR @ SADHU RAM Son of Sukhbilash Ram Resident of Village - Bagahi (Naraayanpur), P.S.- Itarhi, Distt - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the parties.
Earlier the bail of the petitioner was rejected vide order dated 07.12.2018 in Criminal Miscellaneous No. 69840 of 2018 with liberty to renew his prayer for bail after completing 9 months of Jail custody.
Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is of recovery of double barrel gun alongwith five live cartridges from the Husk Room.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been submitted on behalf of the petitioner that petitioner is in
Patna High Court CR. MISC. No.23384 of 2019(2) dt.17-04-2019 2/2 custody since 16.07.2018 and he has completed nine months of Jail custody.
Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Itarhi P.S. Case No. 194 of 2018, with following 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 the Court and his/her absence on two consecutive dates without sufficient reason, his/her 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) ranjan/- U