Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4935 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- KHAGAUL District- Patna ====================================================== Bittu Kumar aged about 21 years Son of Sanjay Kumar Resident of VillageBadi Badlapura, Dinapur-Cum-Khagaul, P.O and P.S.- Khagaul, DistrictPatna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Dubey, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-03-2021 This matter is taken up for consideration through Video Conferencing.

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, 26 of the Arms Act.

As per the prosecution case, a country made pistol and a live 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 and no independent witness has been made seizure list

Patna High Court CR. MISC. No.4935 of 2021(2) dt.25-03-2021 2/2 witness. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 9.9.2020.

Considering the period of custody coupled with the fact that petitioner has claimed clean 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 Additional Chief Judicial Magistrate V, Danapur in Khagaul Police Station Case No. 162 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