Patna High CourtCR. MISC./58809/2018bail granted

Gautam Kumar v. The State Of Bihar

2018-10-30Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58809 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== Gautam Kumar Son of Late Baleshwar Lahkar Resident of Village - Ward No. 19, Shiwani C.D. Centre, Barhiya, Police Station - Barhiya, District - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in connection with Giriyak P.S. Case No. 117 of 2018 registered for the offence punishable under Sections 379, 461 and 411of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act Allegation against the petitioner is of recovery of one loaded country made pistol and one mobile phone. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 12.06.2018 in Criminal Miscellaneous No. 32740 of 2018, 13.06.2018 in Criminal Miscellaneous No. 34112 of 2018,

Patna High Court Cr.Misc. No.58809 of 2018(3) dt.30-10-2018 2/2 02.08.2018 in Criminal Miscellaneous No. 34459 of 2018, 29.08.2018 in Criminal Miscellaneous No. 46313 of 2018 and 20.09.2018 in Criminal Miscellaneous No. 54263 of 2018. Petitioner has got no criminal antecedent and is in custody since 26.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Biharsharif, Nalanda,, in connection with Giriyak P.S. Case No. 117 of 2018, with following 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 represented on each and every date fixed by the court.

(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) ranjan/- U