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Patna High CourtCR. MISC./16912/2018bail granted

Subodh @ Subodh Kumar @ Vivek v. The State Of Bihar

2018-04-27Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 16912 of 2018 Arising Out of PS.Case No. -182 Year- 2017 Thana -KUTUMBA District- AURANGABAD ====================================================== Subodh @ Subodh Kumar @ Vivek, S/o Ram Swarath Ram, Resident of village- Bhaluahi Rehar Bigha, P.S.- Tandawa, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Krishna Pd Singh, Sr Advocate with Mr Bhaskar Shankar, Advocate For the S t a t e : Smt Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 170, 171, 212 of Indian Penal Code, Sections 25, 26, 35 of Arms Act and Section 17 of Criminal Law (Amendment) Act. It is submitted by learned Senior counsel for the petitioner that the recovery of arms and ammunitions were made in the house of co-accused Arvind Ram. No recovery has been made from the possession of the petitioner of any firearms and other than the confessional statement of co-accused Manish Kumar, there is nothing against the petitioner. He is accused in another case also bearing Nabinagar Police Station Case No 323

Patna High Court Cr.Misc. No.16912 of 2018 (3) dt.27-04-2018 2/2 of 2017 in which also he is in custody. He is in custody in this case since 19.01.2018.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, Aurangabad in Kutumba Police Station Case No 182 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T