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Patna High CourtCR. MISC./30642/2019allowed

Sanjeev Kumar Saurabh @ Sanjiv Kumar Saurav @ Sanjiv Kumar v. The State Of Bihar

2019-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30642 of 2019 Arising Out of PS. Case No.-372 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== Sanjeev Kumar Saurabh @ Sanjiv Kumar Saurav @ Sanjiv Kumar, aged about 24 years, Male, Son of Late Janak Prasad, Resident of VillageMustafaganj, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1A), 26, 27(3), 29 (b), 35 of the Arms Act.

There is allegation against the statement of the petitioner is that the recovery of one country made pistol, two yellow cartridges of A.K. 47 rifle and two live cartridges of 7.62 bore and .315 bore from banana garden. For the same offence another P.S. Case No. 371 of 2018 for offence u/s 302/34 of the Indian Penal Code and 27 of the Arms Act has been lodged against the petitioner. The petitioner is in custody since 10.09.2018 and allegation against is that he has murdered his wife with fire arm but post mortem report did not support prosecution case and no fire arm injury was found on the

Patna High Court CR. MISC. No.30642 of 2019(4) dt.04-07-2019 2/2 dead body of deceased.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 86/2019 arising out of Minapur P.S. Case No. 372/2018, G.R. No. 5814/2018 to the satisfaction of the learned 3rd Additional Sessions Judge, Muzaffarpur, subject to the following conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T