Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24241 of 2020 Arising Out of PS. Case No.-268 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== Vinod Kumar S/o Ashok Kumar Yadav R/o Moh. Sandalpur, P.O. Mahendru, P.S.- Bahadurpur and Dist- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr.Arvind Kumar Sinha, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under sections 399/402 of the Indian Penal Code, sections 25, 26/35 of the Arms Act and sections 8/20b II(b) of the NDPS Act.

Acting on a secret information that miscreants are preparing for committing crime, police raided a place and arrested some accused persons carrying country made loaded pistols with magazine and 1.100 kilograms Ganja, while two accused persons including the petitioner managed to escape. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is alleged to have fled away from the spot and was with other co-accused persons for committing crime. No arms or ammunition has been recovered from the possession of petitioner. He has got no criminal antecedent and he is in custody since 15.4.2020.

In the facts of the case, prayer for bail of the petitioner is allowed. 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 Special Judge NDPS cum Sessions Judge, Patna in Special Case

Patna High Court CR. MISC. No.24241 of 2020(2) dt.22-09-2020 2/2 No.58 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