Patna High CourtCR. MISC./4315/2017bail granted

Sanjay Kumar v. The State Of Bihar

2017-02-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4315 of 2017 Arising Out of PS.Case No. -618 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Sanjay Kumar son of Chhotu Mahto, Resident of Village- Sadafpur, P.S. Kanti, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioner is in custody since 24.09.2016 in connection with Ahiyapur P.S. Case No. 618 of 2016, registered for offences punishable under Sections 414 of the Indian Penal Code and Section 25(1-AA), 25(1-B), 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that though there is allegation against the petitioner of recovery of two cartridges, however he has remained in judicial custody for more than five months for the said offence. It has further been submitted that the F.I.R. itself shows that there is suspicion against the petitioner that he was driving the stolen motorcycle and except that nothing has come against the petitioner. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, nature of offence and the period of custody, let the petitioner above named, be released on bail on

Patna High Court Cr.Misc. No.4315 of 2017 (2) dt.14-02-2017 2/2 furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 618 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U