Ratan Kumar @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6028 of 2016 Arising Out of PS.Case No. -299 Year- 2015 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Ratan Kumar @ Ashok Kumar, Son of Binda Yadav, resident of Village Chak Dhanki, P.S. Manpur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. M.Rub(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Rahui (wean) P.S. Case No. 299 of 2015 registered for the offence punishable under Section 393 of the Indian Penal Code and Section 25(1-b) a, 26/27/35 of the Arms Act.

Allegedly, the petitioner and co-accused entered into the shop of the informant and after seeing some ornaments pointed out pistol and were taking cash from the counter but in the meantime alarm was raised resulting the miscreants started fleeing away from there taking the cash and some articles but the police came and apprehended the petitioner with loaded pistol and he disclosed the name of the associates who fled away on motorcycle.

Patna High Court Cr.Misc. No.6028 of 2016 (2) dt.22-02-2016 2/2 Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing has been recovered from possession of the petitioner and after showing recovery of a loaded pistol he has been implicated in this case resulting he is suffering in custody since 23.7.2015 to which learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the period of detention of the petitioner now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Nalanda, at Biharsharif, in connection with Rahui (Wena) P.S. Case No. 299 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U