Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24202 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== Rahul Kumar, Male aged about 36 years, S/O Shri Ram Prit Rai R/O Village - Suro Ward No. 12, P.S. Bachhwara, District Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Patanjali Rishi, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 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 section 25(1B)(a) of the Arms Act. A country made pistol of US make with a magazine and three live cartridges were recovered from the right pocket of the pant of the petitioner.

Learned counsel for the petitioner submits that the petitioner has erroneously been implicated in this false case and in fact no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent and he is in custody since 24.5.2020. Charge sheet has also been filed in the case. In the facts of the case, prayer for bail of the petitioner

Patna High Court CR. MISC. No.24202 of 2020(3) dt.04-11-2020 2/2 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 Chief Judicial Magistrate, Begusarai in Bachhwara Police Station Case No. 98 of 2020 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) Shashi U T