Abhinash Kumar @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1863 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== ABHINASH KUMAR @ AVINASH KUMAR, Son of Sipahi Yadav, Resident of Village-Mathar, Police Station - Muffasil, District Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjiv Kumar Singh For the Opposite Party : Mr. Anil Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Munger Muffasil P.S. Case No. 177 of 2015, registered under Section 25(1-b)A, 26/35 of the Arms Act.

The accusation is that ten cartridges were recovered from the possession of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that petitioner having no criminal antecedent and similarly situated co-accused, Kundan Kumar has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 01.02.2016 passed in Criminal Misc. No. 2911 of 2016. Further submission is that petitioner is in custody

Patna High Court Cr.Misc. No.1863 of 2016 (3) dt.02-03-2016 2/2 since 28.08.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Munger Muffasil P.S. Case No. 177 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T