Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8137 of 2021 Arising Out of PS. Case No.-238 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== Binod Kumar aged about 30 years Son Of Shivnath Ray Resident Of Gosai Tola Near Kutti Machine Gali, P.S. - Patliputra, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar Pushkar, Advocate For the Opposite Party/s :

Sharda Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 25(1-b) (a)/26/35 of the Arms Act.

As per the prosecution case, one 9 mm pistol and seven

Patna High Court CR. MISC. No.8137 of 2021(2) dt.24-05-2021 2/3 cartridges were recovered from the house of the petitioner said to have been stolen from the police personnel. 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. Petitioner has been remanded in this case on 15.9.2020 from some other case. charge sheet has already been submitted.

Considering the facts and circumstances of the case and the fact that charge sheet has already been submitted and petitioner is in custody since 15.9.2020 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 Sub judge XII, Patna in Patliputra Police Station Case No. 238 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.

Patna High Court CR. MISC. No.8137 of 2021(2) dt.24-05-2021 3/3

(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