Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1610 of 2017 Arising Out of PS.Case No. -174 Year- 2016 Thana -KADAMKUAN District- PATNA ====================================================== Mukesh Kumar, Son of Mahesh Mahto, resident of Mohalla - Gur Ki Mandi, Pitamber Mandir Colony, P.S. - Alamganj, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Pandey For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kadamkuan P.S. Case No. 174 of 2016, registered under Sections 399, 402 of the Indian Penal Code and Section 25(1B)A/26/35 of Arms Act. The accusation is of recovery of one loaded country made pistol along with five live cartridges from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that petitioner undertakes to present each every date fixed in the trial court. The petitioner is in

Patna High Court Cr.Misc. No.1610 of 2017 (3) dt.28-01-2017 2/2 custody since 23.04.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-VI, Patna in connection with Kadamkuan P.S. Case No. 174 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T