Guddu Kumar @ Guddu Ku And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34852 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -KARAI PARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Guddu Kumar @ Guddu Ku son of Sundar Gope, Resident of VillageKochhiyawan, Police Station- Nagarnausa, District- Nalanda.

2. Kalindra Kumar @ Kalendra Ku. son of Mathura Singh, Resident of Village- Damanbigha, Police Station- Dhanarua, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Karaiparsurai P.S.Case No.35 of 2017, for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act and 37(a) of Bihar Excise Act, 2016.

Allegation against the petitioner no.1 is of recovery of three cartridges and against the petitioner no.2 is recovery of one country-make pistol and three cartridges. Submission of the learned counsel for the petitioners is that they have no criminal antecedent. They are in custody for about 4 1⁄2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, so far petitioner no.1 (Guddu Kumar @ Guddu

Patna High Court Cr.Misc. No.34852 of 2017 (2) dt.03-08-2017 2/2 Ku.) is concerned, let the petitioner No.1, 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 VIth Additional Sessions Judge, Nalanda at Biharsharif in connection with Karaiparsurai P.S.Case No.35 of 2017.

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, his bail bond shall be cancelled. So far Petitioner no.2 (Kalindra Kuamr @ Kalendra Ku.) is concerned, I am not inclined to grant bail to the petitioner, however, he may renew his prayer for bail after framing of charge or after completion of six months period in custody, whichever is earlier.

With the aforesaid observation, this application is dismissed.

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