Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40329 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Rajan Kumar Son of Lakhan Prasad, R/o Sabar Chak Hantha Naya Tola Bagicha, P.S.- Malsalami, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Chawk P.S.Case No.29 of 2017, registered for offences punishable under Sections 25(10b)a/26/35 of the Indian Penal Code. The petitioner is not named in the F.I.R. and the case is under Section 25(1-b)a/26/35 of the Arms Act. Submission of the learned counsel for the petitioner is that nothing has been recovered from his conscious possession and he has been named as accused only on the basis of suspicion, though some articles have been recovered from the other coaccused persons. It has further been submitted that he is accused in one another case, in which he is on bail and he has no criminal antecedent. The petitioner is in custody for about six months.

Patna High Court Cr.Misc. No.40329 of 2017 (2) dt.25-08-2017 2/2 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/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Sushant Ranjan, ACJM-II, Patna City in connection with Chowk P.S.Case NO.29 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 disposal of trial and make himself available as and when required by the court. In 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. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T