Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52645 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Rohit Kumar, Son of Bijay Tanti, resident of Village- Rampur Basti, P.S. - Jamalpur, Dist.- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Smt. Deep Nishi For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Nayaramnagar P.S. Case No. 130 of 2017, registered for offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)A/26/35 of the Arms Act. Prosecution case is that police on information that some persons have assemble and planning to commit some offence, raided the place and apprehended petitioner and others and on search from possession of the petitioner on country made loaded pistol was recovered.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner. Moreover, petitioner has sufficiently been punished for the said offence as he

Patna High Court Cr.Misc. No.52645 of 2017 (2) dt.14-11-2017 2/3 has been in custody since 23.06.2017 and has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, period of custody and also that petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Munger, in connection with Nayaramnagar P.S. Case No. 130 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

Patna High Court Cr.Misc. No.52645 of 2017 (2) dt.14-11-2017 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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