Deepak Kumar @ Mikal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29988 of 2020 Arising Out of PS. Case No.-79 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DEEPAK KUMAR @ MIKAL, Son of Late Shivchandra Singh @ Chote Singh, Resident of Village- Bishanpur, P.S.- Begusarai Muffasil, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kishore Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Rajballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-B) a, 26(2) and 35 of the Arms Act.

As per the prosecution case, the petitioner has been made accused on the confessional statement of co-accused, namely, Raju Kumar Singh. It is further alleged that on the confessional statement of co-accused, Raju Kumar Singh, and this petitioner, one country-made pistol along with a live

Patna High Court CR. MISC. No.29988 of 2020(2) dt.23-11-2020 2/3 cartridge have been recovered.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case only on the confessional statement of co-accused, Raju Kumar Singh. It is further submitted that save and except the confessional statement of co-accused, Raju Kumar Singh, there is nothing against the petitioner. Co-accused, Raju Kumar Singh, has already been granted bail vide order dated 28.09.2020 passed in Cr. Misc. No. 25319 of 2020. Petitioner is in custody since 18.02.2020.

Considering the facts of the case, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Begusarai in Begusarai Mufassil Police Station Case No. 79 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

Patna High Court CR. MISC. No.29988 of 2020(2) dt.23-11-2020 3/3 witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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