Dharamveer Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34188 of 2020 Arising Out of PS. Case No.-137 Year-2020 Thana- BALIYA District- Begusarai ====================================================== DHARAMVEER KUMAR NIRALA S/o Late Gorakh Yadav Resident of Village-Pokharia, Police Station-Ballia, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar,Adv For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-12-2020 Let the defects be removed within two weeks of the start of physical functioning of the Court.

Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)A and Section 26 of the Arms Act and subsequently chargesheet was submitted under Section 188/353/307 I.P.C.

A loaded country made pistol was allegedly recovered from possession of the petitioner. Petitioner has stated on oath that he has got no criminal antecedent and he is in custody since 23.05.2020.

Learned counsel for the petitioner submits that though offence under Section 307 I.P.C. has also been mentioned by the informant, who is a police officer, however, there is no allegation against the petitioner of committing any overt-act.

Patna High Court CR. MISC. No.34188 of 2020(2) dt.23-12-2020 2/2 Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ballia Police Station Case No.137 of 2020 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T