Adityamal Singh, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9591 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Adityamal Singh, S/o - Ram Ayodhya Singh @ Ayodhya Singh, R/o - Village - Medanipur, P.S. - Sasaram (M), District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deovind Kumar Singh For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 399/402 of the Indian Penal Code and Sections 25, 26 and 35 of the Arms Act.
As per the prosecution case, a loaded two barrel gun and a live cartridge and a mobile phone have been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Investigation is complete. Petitioner has claimed clean antecedent and he is in custody since 14.3.2020.
Patna High Court CR. MISC. No.9591 of 2021(2) dt.22-07-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohts at Sasaram in Sasaram M Police Station Case No. 85 of 2020 on the following conditions:-
(1) 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 the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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) shashi/- U T