Vicky Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28487 of 2020 Arising Out of PS. Case No.-321 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== Vicky Sah, Son of Chandra Bhushan Sah @ Shashibhushan Sah, Resident of Bhawanipur, Police Station- Bakhari, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Neetu Jha, Advocate For the Opposite Party/s :

Smt. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-12-2020 Heard learned counsel for the parties through Video Conferencing.

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

As per the prosecution case, one country-made pistol and one live cartridge is said to have been recovered from the physical possession of the petitioner.

It is submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the physical possession of the petitioner. Petitioner is in custody since 11.10.2019 and charge-sheet has already been submitted.

However, learned A.P.P. for State has vehemently

Patna High Court CR. MISC. No.28487 of 2020(3) dt.14-12-2020 2/2 opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in Bakhri Police Station Case No. 321 of 2019, 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) Ankit/- U T