Chiku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26201 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- BIHTA District- Patna ====================================================== CHIKU KUMAR Son of Upendra Sharma @ Birendra Sharma, Resident of Village-Korawan,P.S.-Naubatpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner is languishing in judicial custody since 15.01.2019 in connection with Bihta P.S. Case No. 52 of 2019 for offences punishable under Sections 25(1-b) a, 26/35 of the Arms Act.

The prosecution case as lodged by the police personnel is that during course of checking, the police officials found two motorcycles one being ridden by three persons and other by two persons. While three persons in a motorcycle managed to flew away, the petitioner along with another were apprehended. On search from the possession of the petitioner one country made pistol and two live cartridge and two fired were found. Accordingly, a seizure list was prepared.

Patna High Court CR. MISC. No.26201 of 2019(2) dt.10-05-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted, there being no allegation of tampering with the prosecution evidence. It is further submitted that no overt act has been alleged against the petitioner and he is languishing in judicial custody since nearly four months.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner has been made accused in one more case under similar offence although the petitioner submits that in the said case he has not been named in the F.I.R. and was arrested in that case after the present case. Considering the nature of allegations, period of custody and that the charge-sheet has already been submitted, let the petitioner above named 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 learned Additional Chief Judicial Magistrate-1, Danapur, Patna in connection with Bihta P.S. Case No. 52 of 2019, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

Patna High Court CR. MISC. No.26201 of 2019(2) dt.10-05-2019 3/3

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) devendra/- U T