Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35597 of 2020 Arising Out of PS. Case No.-233 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== Abhishek Kumar Son of Harendra Singh Resident of Village - Barawa Kala Nanhaka Tola, P.S.-Ghorasahan, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Ghorasahan P.S. Case No. 233 of 2020, registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

On a secret information, a raid was conducted in the house of one Madhusudhan Kuswaha situated at Gandhi Nagar, Ghorasahan and eleven accused persons including this petitioner were apprehended and from whose possession, arms, ammunitions and stolen motorcycles were recovered. It is submitted on behalf of petitioner that from the possession of petitioner, only stolen motorcycle was recovered.

Patna High Court CR. MISC. No.35597 of 2020(2) dt.22-12-2020 2/2 Petitioner has got clean antecedent, as stated in paragraph - 3 of the petition and he is in custody since 20-06-2020. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikarahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 233 of 2020, on the following conditions:

"(1) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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.) anay/- U T