Ram Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33313 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== RAM KRISHAN KUMAR aged about 25 years S/O UMESH RAI R/o village- Sakerpur, P.S.- Hasanpur, District- Samastipur ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code and sections 25(1-B)a/26/35 of the Arms Act.

As per the prosecution case, on the secret information that some miscreants with arms have assembled for the purpose of committing crime, raid was conducted and four persons were apprehended including the petitioner and on search a loaded country made pistol, cartridge and mobile phone etc. were recovered from his possession. Two Scorpio vehicles were also seized by the police from the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is not concerned

Patna High Court CR. MISC. No.33313 of 2021(2) dt.27-08-2021 2/2 with the aforesaid vehicles. He is in custody since 5.8.2020. Charge sheet has already been submitted.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged 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 Additional Chief Judicial Magistrate, Patna in Bakhtiyarpur Police Station Case No. 182 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T