Sandeep Kumar @ Laddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39971 of 2019 Arising Out of PS. Case No.-333 Year-2018 Thana- SIWAN MUFFASIL District- Siwan ====================================================== SANDEEP KUMAR @ LADDU Son of Ashok Prasad Resident of VillageBindusar Bujurg, Police Station-Mahadeva O.P., District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-07-2019 Heard learned counsel for the parties.

Earlier the bail of the petitioner was rejected vide order dated 18.02.2019 passed in Criminal Miscellaneous No. 1985 of 2019 with liberty to renew his prayer for bail after completing one year of Jail custody.

Petitioner seeks bail in Siwan Muffasil P.S. Case No. 333 of 2018 registered for the offence punishable under Sections 399, 402, 411 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act.

Allegation is of recovery of one country made pistol, one live cartridge and one mobile phone from the possession of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is in custody since 13.06.2018 and he has completed

Patna High Court CR. MISC. No.39971 of 2019(2) dt.24-07-2019 2/2 more than one year of Jail custody.

Considering the aforesaid facts and circumstances of the case and considering the period of custody, 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 court below where the case is pending, in connection with Siwan Muffasil P.S. Case No. 333 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(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