Inkesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24232 of 2020 Arising Out of PS. Case No.-67 Year-2020 Thana- GWALPARA District- Madhepura ====================================================== Inkesh Kumar Son of Shailendra Yadav @ Salendra Yadav Resident of Village- Jairam Parsi, Ward No. 03, P.S. Gwalpara (Arar O.P.),District - Madhepura ... Petitioner

Versus

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

For the Petitioner :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party :

S Saama, 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 and sections 25, 26/35 of the Arms Act.

Two live cartridges are said to have been recovered from the right side pocket of full pant of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as the recovery is false and planted. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent and he is in custody since 31.5.2020.

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 Judicial Magistrate 1st class, Uda Kishunganj, Madhepura in Gawalpara Police Station Case No. 67 of 2020 on the following conditions:-

Patna High Court CR. MISC. No.24232 of 2020(2) dt.22-09-2020 2/2

(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