Arun Kumar @ Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29686 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- MASHRAK District- Saran ====================================================== ARUN KUMAR @ PANKAJ KUMAR Son of Paras Rai Resident of Village - Rahimpur, P.S.- Sonpur, Distt - Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Mashrakh P.S. Case No. 245/2018, instituted for offence under Sections 399, 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of Arms Act.

Earlier prayer for bail of petitioner was rejected by this Court vide order dated 13.12.2018 passed in Cr. Misc. No. 63199/2018 with liberty to renew the prayer for bail after six months if no substantive progress is made in the case. Report from the court below regarding stage of trial has been received, from which it appears that after framing of charge on 11.04.2019, no any witness has been examined. Case is pending for evidence.

Patna High Court CR. MISC. No.29686 of 2019(3) dt.19-06-2019 2/3 From the report of court below it appears that there is no any substantive progress in trial.

As per written report, one country made pistol and live cartridges have been recovered from possession of petitioner.

Petitioner is in custody since 19.07.2018.

Keeping in view the period of custody spent by petitioner, 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 the learned Addl. Chief Judicial Magistrate VIth, Saran at Chapra, in connection with Mashrakh P.S. Case No. 245/2018, subject to the conditions that, (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the

Patna High Court CR. MISC. No.29686 of 2019(3) dt.19-06-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T