Jai Prakash Kumar @ Chhaw Angulia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44565 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Jai Prakash Kumar @ Chhaw Angulia Son of Ram Briksh Singh, R/o Village- Jaipur Tola, Bansi Bigha, P.S.- Haspura, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Haspura P.S.Case No.95 of 2017 registered for offences punishable under Sections 25(1-b)A, 26 & 35 of the Arms Act and Section 399/402 of the Indian Penal Code.

Prosecution case is that the police on information that some persons were planning to commit dacoity raided the place and arrested petitioner and other accused persons and from possession of the petitioner one pistol and cartridges were recovered.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no such occurrence as alleged has every taken place and he was arrested from his

Patna High Court Cr.Misc. No.44565 of 2017 (3) dt.16-10-2017 2/3 house and produced before the court below after 24 hours, for which a show cause was also issued against the I.O. Further he has been in judicial custody since 25.5.2017 and so far other five criminal antecedents are concerned, he is on bail in those cases. Heard learned A.P.P. also.

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/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Shri Sidharth Pandey, J.M. Ist Class, Daudnagar, District Aurangabad in connection with Haspura P.S.Case No.95 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

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

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

(iv) Further condition that till conclusion of the trial or for the period of one year, whichever is earlier, he will make his attendance before the concerned Police Station of the area in the first week of every month so that the police may

Patna High Court Cr.Misc. No.44565 of 2017 (3) dt.16-10-2017 3/3 watch his conduct, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

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