Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40810 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- JAMALPUR District- Munger ====================================================== Rupesh Kumar Son of Upendra Prasad Sah @ Upendra Prasad, R/o - Nayatola Keshopur, P.S.- Jamalpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2021 Heard both parties.

The petitioner seeks bail in Jamalpur P.S. Case No. 56 of 2020, registered for the offence punishable under Sections 25(1-b)a/26 of the Arms Act.

As per the prosecution case, one loaded country made pistol and two live cartridges has been recovered from possession of this petitioner.

It is submitted on behalf of the petitioner that no incriminating article has been recovered from possession of this petitioner. Petitioner bears no criminal antecedent and is in custody since 09.05.2020. Chargesheet has already been submitted.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on

Patna High Court CR. MISC. No.40810 of 2020(2) dt.26-02-2021 2/2 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 56 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T