Kamlesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32219 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kamlesh Sah Son of Sri Jagarnath Sah, Resident of Village-Ghanshyam Pakari, P.s.-Pipra, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pipra P.S.Case No.165 of 2016, registered for offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

The petitioner is named in the F.I.R. and the case is under Sections 25(1-b) a, 26 of the Arms Act. Submissions of the learned counsel for the petitioner is that the petitioner was arrested on 7.10.2016 and at the same time, he has been made accused in three other cases also and for that another case has been filed and so far this case is concerned, there is no recovery from the possession of the petitioner. The petitioner is in custody for more than nine months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.32219 of 2017 (3) dt.21-07-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Pipra P.S.Case No.165 of 2016. With 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 co-operate 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 reason, otherwise, his bail bond shall be cancelled.

(iv) If his active participation is found in such type of cases in future, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U