Raja Kumar @ Raja Babo v. The State Of Bihar

Patna High Court Cr.Misc. No.40548 of 2017 (2) dt.25-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40548 of 2017 Arising Out of PS.Case No. -192 Year- 2017 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Raja Kumar @ Raja Babo Son of Shashi Bhushan Singh, Resident of Village-Ramdiri, Nakti Tola, Ward No. 8, P.S.-Matihani, DistrictBegusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 The petitioner seeks regular bail in connection with Town P.S. Case No. 192 of 2017, registered for offences punishable under Section 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is of recovery of stolen motorcycle along with one loaded country made pistol and one live cartridge.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the fact that seizure list witnesses are from the village of the petitioner, whereas, the recovery has been made in the Begusarai Town. Further petitioner has clean antecedent and has been in judicial custody for more than two months.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of

Patna High Court Cr.Misc. No.40548 of 2017 (2) dt.25-08-2017 confessional statement of co-accused and except that there is nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Begusarai, in connection with Town P.S. Case No. 192 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 court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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