Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39926 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.
SANNI KUMAR @ SUNNY KUMAR Son of Hemant Kumar Singh @ Hamant Kumar Singh Resident of Village- Bara, Police Station- Naubatpur, District- Patna.
2.
Mithilesh Kumar Son of Late Mathura Singh Resident of Village- Bara, Police Station- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39930 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== RAKESH KUMAR Son of Digdarsan Singh Resident of Village- Bara, Police station- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 39926 of 2019) For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Ms.Nirmala Kumari (In CRIMINAL MISCELLANEOUS No. 39930 of 2019) For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2019 Both the applications arise out of same P.S. i.e. Naubatpur P.S. case no. 37 of 2019 and as such they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the learned APP for the State.
Patna High Court CR. MISC. No.39926 of 2019(2) dt.04-07-2019 2/3 The petitioners seek bail in Naubatpur P.S. case no. 37 of 2019 instituted for the offence under Section(s) 399, 402, 414 of the Indian Penal Code and Section 25 (1-B)A, 26 and 35 of the Arms Act .
It is alleged that one loaded country made pistol has been recovered from possession of all three petitioners. Petitioners are in custody since 20.1.2019 having no criminal antecedent.
Keeping in view the clean antecedent of petitioners and period of custody, let the petitioners in both the cases, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, II Danapur, Patna in connection with Naubatpur P. S. case no. 37 2019 subject to the following conditions:- (i) Both the bailors shall be the close relative of the petitioners.
(ii) The petitioners shall be present on each and every date fixed by the Court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioners.
(iii) If petitioners tamper with the evidence in the
Patna High Court CR. MISC. No.39926 of 2019(2) dt.04-07-2019 3/3 case, prosecution will be at liberty to move for cancellation of bail bond of the petitioners.
(Sanjay Priya, J) shyambihari/- U T