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Patna High CourtCR. MISC./5849/2021bail granted

Ajeet Kumar v. The State Of Bihar

2021-04-16Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5849 of 2021 Arising Out of PS. Case No.-163 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== AJEET KUMAR S/O NANDKISHORE RAM R/O VILLAGE-KASHI CHAPRA, P.O AND P.S-BARURAJ, DISTRICT-MUZAFFARPUR. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Indrajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 16-04-2021 The defect(s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after the High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act. Allegation is recovery of one cartridge from pocket of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case by the police at the instance of local politics. The entire allegation as alleged against the petitioner is false and fabricated as nothing has been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.5849 of 2021(2) dt.16-04-2021 2/2 Petitioner is student of B.A. Part-1 and bears clean antecedent. Petitioner is in custody since 02.09.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Baruraj P.S. Case No. 163 of 2020, 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 absence on two consecutive dates without sufficient reason, his 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) shahzad/- U T