Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27568 of 2020 Arising Out of PS. Case No.-64 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SURAJ KUMAR S/o Krishna Yadav @ Krishan Gop Resident of VillageMadhopur, P.S.-Bakhtiarpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Bakhtiarpur P.S. Case No. 64 of 2020, registered for the offence punishable under Sections 399/402 of the Indian Penal Code and sections 25(1-B)a, 26 and 35 of the Arms Act.

As per prosecution case, on secret information seven accused persons including this petitioner were arrested on the spot and arms and ammunitions were recovered from their possession.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Arms and

Patna High Court CR. MISC. No.27568 of 2020(2) dt.19-10-2020 2/2 ammunitions were recovered from possession of other coaccused persons which is apparent from the seizure list. Charge sheet has already been submitted. Petitioner is in custody since 25.02.2020 having clean antecedent as stated in para 3 of the bail petition.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 Ist, Barh, Patna in connection with Bakhtiarpur P.S. Case No. 64 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T