Amarendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31600 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -DULHIN BAZAR District- PATNA ======================================================
1. Amarendra Kumar Son of Sanjay Yadav, Resident of Village- Bajarua, P.S.- Udwant Nagar, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2017 The petitioner seeks regular bail in connection with Dulhin Bazar P.S. Case No. 06/17, registered for offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.
Prosecution story is that police on information that some persons were planning to commit some offence, raided the place of occurrence and arrested all the accused persons and from the possession of this petitioner one country made pistol along with one live cartridge was recovered.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case. Moreover, he has sufficiently been punished for the said offence as he has been in judicial custody 31.01.2017 and has no criminal antecedent and
Patna High Court Cr.Misc. No.31600 of 2017 (2) dt.13-07-2017 2/3 other co-accused of this case has already been granted bail by this Court vide order dated 05.07.2017 passed in Criminal Miscellaneous No. 26031 of 2017.
Heard learned A.P.P. also.
Having heard both sides, in view of the facts as stated above and also in view of the fact that other co-accused has already been granted bail, as such, let this petitioner also be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 06 of 2017, 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
Patna High Court Cr.Misc. No.31600 of 2017 (2) dt.13-07-2017 3/3 court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds It is also made clear that if the petitioner again found involved in any of such offences, in future, his bail bonds will be cancelled.
(Vinod Kumar Sinha, J) sunil/- U T