Loha Vishwakarma @ Arjun Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23398 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- KINJAR District- Jehanabad ====================================================== 1.

LOHA VISHWAKARMA @ ARJUN VISHWAKARMA Son of Late Yadu Mohan Vishwakarma Resident of Village- Mirjapur, P.S.- Ghosi (Okari O.P.), District- Jehanabad.

2.

Suresh Mistry Son of Chulhai Mistry Resident of Village- Purania, P.S.- Kinjar, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in the aforesaid case. He submits that co-accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 21981 of 2019 on 12.04.2019. They are languishing in judicial custody since 02.09.2018.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail

Patna High Court CR. MISC. No.23398 of 2019(5) dt.26-06-2019 2/2 bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Arwal in connection with Kinjar Police Station Case No. 99 of 2018, subject to the conditions:

(1) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wife. (II) The petitioners shall not indulge themselves in any similar offence till conclusion of the trial. (III) The petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.

(IV) The petitioners shall co-operate with the investigation, if not already concluded and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) devendra/- U T