Patna High CourtCR. MISC./4217/2021bail granted

Akhilesh Kumar v. The State Of Bihar

2021-03-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4217 of 2021 Arising Out of PS. Case No.-526 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Akhilesh Kumar aged about 21 years Son Of Ravindra Mahto Resident Of Village- Pokhraira Police Station- Saraiya, District- Muzaffarpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 25(1-B)a and 26 of the Arms Act.

As per the prosecution case, on search by patrolling police party, one country made pistol with one cartridge have been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Charge sheet has already been submitted. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 10.8.2020.

Patna High Court CR. MISC. No.4217 of 2021(2) dt.19-03-2021 2/2 Considering the period of custody and the fact that the petitioner has got no criminal antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate IV, Muzaffarpur West in Saraiya Police Station Case No. 526 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T