Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28916 of 2020 Arising Out of PS. Case No.-402 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== NIRMAL KUMAR S/o Shri Ram Pratap Sharma Resident of Village -Majara, P.S.-K.Nagar, District - Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-02-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. Allegation is recovery of one loaded pistol with two live cartridges from possession of the petitioner. Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with liberty to renew his prayer for bail after completing one year in jail custody.

It has been submitted that petitioner is in custody since 11.06.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court CR. MISC. No.28916 of 2020(2) dt.03-02-2021 2/2 furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with K. Hat (Maranga) P.S. Case No. 402 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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.

(S. Kumar, J) Sanjay/- U T