Aaryan Kumar @ Shushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29122 of 2019 Arising Out of PS. Case No.-800 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== AARYAN KUMAR @ SHUSHIL KUMAR S/o Bhuwali Paswan R/o VillageRamgarhwa Bhaluwalia, P.S.- Ramgarhwa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar No. 2, Advocate.

For the Opposite Party/s :

Ms. Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Motihari Town P.S. Case No. 800 of 2018, instituted for the offence under Section(s) 399, 402, 120(B) of the Indian Penal Code, Sections 25(1-B)A, 26 and 35 of Arms Act.

It is alleged in the written report that informant got secret information that some miscreants are making plan to commit crime in Chandmari near Saran Gate. The informant along with other Police personnel reached the place of occurrence. On seeing the Police Party, some persons in suspicious condition started running away. On chase, two of them were apprehended by the Police. They disclosed their names as Arun Kumar and Aaryan Kumar (petitioner). On search, one country made pistol and two live cartridges have been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.29122 of 2019(2) dt.07-05-2019 2/2 Counsel for the petitioner submits that petitioner is in custody since 15.11.2018 having clean antecedent. Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 800 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T