Patna High CourtCR. MISC./50681/2018bail granted

Azad Kumar @ Sushil Kumar Prasad v. The State Of Bihar

2018-09-28Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.50681 of 2018 (3) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50681 of 2018 Arising Out of PS.Case No. -244 Year- 2018 Thana -MARHAURA District- SARAN ====================================================== Azad Kumar @ Sushil Kumar Prasad Son of Laxmi Narayn Prasad Resident of Village- Kewani, P.S. Garakha, District- Saran, Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Chandra Shekhar Azad, Adv. For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Madaura P.S. Case No.244/2018, registered for the offences punishable under Sections 25(1-b)A, 26 and 35 of the Arms Act. Allegation against petitioner is that a loaded pistol has been recovered from his possession.

It has been submitted that petitioner has falsely been implicated in this case.

Petitioner has no criminal antecedent. He is in custody since 02.06.2018.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond

Patna High Court Cr.Misc. No.50681 of 2018 (3) dt.28-09-2018 of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Saran at Chapra in connection with Madaura P.S. Case No. 244/2018, subject to the conditions: (1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T