Prince Jaiswal @ Prince Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30037 of 2020 Arising Out of PS. Case No.-709 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Prince Jaiswal @ Prince Kumar Jaiswal Son of Ashok Jaiswal @ Ashok Chaudhary Resident of Village- Mahua Mukundpur, P.S.- Mahua, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Mahua P.S. Case No. 709 of 2019, registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act. On secret information, a raid was conducted and this petitioner alongwith other co-accused persons were arrested on the spot and from the possession of the petitioner, one Android Mobile phone was recovered.

It is submitted on behalf of petitioner that petitioner is innocent and no arms was recovered from his possession. Arms were recovered from the possession of other co-accused

Patna High Court CR. MISC. No.30037 of 2020(2) dt.24-11-2020 2/2 persons. So far as this petitioner is concerned, one one mobile phone has been recovered. Petitioner is in custody since 22-12-2019. Chargesheet has been submitted.

Considering the aforesaid facts & circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Vaishali at Hajipur in connection with Mahua P.S. Case No. 709 of 2019, on the following conditions:

"(1) Petitioner shall cooperate 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, his 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.) anay/- U T