Raja Kumar @ Raja Kumar Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26355 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -CHANDAUTI District- GAYA ======================================================

1. Raja Kumar Son of Suresh Prasad, Resident of Mohalla- Bam Baba Paharitar, P.S.- Delha, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-06-2017 The petitioner seeks regular bail in connection with Chandauti P.S. Case No. 300/16, registered for offences punishable under Section 394 of the Indian Penal Code and Section 27(1B), 26, 27 and 25 of the Arms Act. It has been submitted on behalf of the petitioner that petitioner has been named in the F.I.R only on the basis of confessional statement of co-accused of this case except that there is nothing against the petitioner. Nothing has been recovered from the possession of the petitioner. Further petitioner has no criminal antecedent and has remained in judicial custody for about seven months.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that

Patna High Court Cr.Misc. No.26355 of 2017 (3) dt.22-06-2017 2/3 petitioner's name transpired in this case only on the basis of confessional statement of co-accused and except that there is nothing against the petitioner and now he has remained in judicial custody for seven months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Chandauti P.S. Case No. 300 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

Patna High Court Cr.Misc. No.26355 of 2017 (3) dt.22-06-2017 3/3 of his bail.

(iv) The court below shall also verify the criminal antecedent of the petitioner and if no criminal antecedent is found, he will release the petitioner on bail, otherwise he shall report the matter to this Court.

(Vinod Kumar Sinha, J) sunil/- U T