Patna High CourtCR. MISC./25687/2020bail granted

Roshan Kumar v. The State Of Bihar

2020-09-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25687 of 2020 Arising Out of PS. Case No.-406 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== ROSHAN KUMAR Son of Barishlal Yadav Resident of- Ward No.04, Chakla Parmanandpur, P.S.- Mdhepura, District- Madhepura, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2020 Heard learned counsel for the petitioner as well as learned APP for the State also through video conferencing. Petitioner is an accused in a case registered for offence punishable under Section 414/34 I.P.C. and under Section 25(1-B)A, 26, 35 Arms Act.

As per the prosecution case one live cartridge is said to have been recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent and he is in custody since 1.6.2020.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.25687 of 2020(2) dt.29-09-2020 2/2 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in Madhepura Police Station Case No. 406 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 absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence of witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) SONALI/- U T