Vimlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6333 of 2018 Arising Out of PS. Case No. -484 Year- 2017 Thana -JAHANABAD District- JEHANABAD ====================================================== Vimlesh Kumar, son of Mahesh Yadav, Resident of village Selovra, P.S. Karpi (Bashibigha O.P.) District Arwal .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.07.2017 in connection with Jehanabad P.S. Case No. 484 of 2017 for the offences alleged under Sections 399. 402, 414 of the Indian Penal Code and 125(1-B)a, 26/35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged recovery of one country made pistol and ten live cartridges from the petitioner. It is submitted that 12 bottles of wine containing 750 ml. each are said to have been recovered from the car with which the petitioner has no concern. Similarly situated co-accused, namely, Hareram @ Hareram Kumar @ Hariom Kumar and Sujeet Kumar @ Tanak have been granted bail by this Court in Cr. Misc. No. 55310 of 2017 and Cr. Misc. No. 59810 of 2017, respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above

Patna High Court Cr.Misc. No.6333 of 2018 (2) dt.01-02-2018 2/2 named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J. II, Jehanabad, in connection with Jehanabad P.S. Case No. 484 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T