Santosh Kumar @ Bakariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79879 of 2018 Arising Out of PS. Case No.-525 Year-2018 Thana- DANAPUR District- Patna ====================================================== Santosh Kumar @ Bakariya son of Sri Sabha Rai @ Sabha Ray, resident of Mohalla-Kagzi Mohalla, Police Station- Danapur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Danapur P.S. Case No. 525/2018, instituted for offences under Section(s) 399, 402 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of Arms Act.

It is alleged in the written report that on getting secret information, police party reached at the place of occurrence and apprehended this petitioner along with three other accused persons. On search, police recovered one loaded country made pistol and a mobile phone from possession of this petitioner. Petitioner is in custody since 06.08.2018.

Keeping in view the period of custody already spent by petitioner, prayer of the petitioner for grant of bail is allowed.

Patna High Court Cr.Misc. No.79879 of 2018(2) dt.16-01-2019 2/2 Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Danapur, Patna, in connection with Danapur P.S. Case No. 525/2018, subject to the conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T