Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43978 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -GAYA RAIL P.S. District- GAYA ======================================================

1. Upendra Kumar S/o Buta Yadav, resident of Village- Chatar, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 25(1-b)a/26 of the Arms Act. The Fire-arm was allegedly recovered from the bag of co-accused Bhola Kumar. The petitioner was also there. Hence, he is accused in this case.

The petitioner has stated on oath that he has got no criminal antecedent. Petitioner is in custody since 16.04.2018. Investigation of the case is already complete. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.43978 of 2018 (2) dt.24-07-2018 P2/ amount each to the satisfaction of the learned Court-below where the case is pending in connection with Gaya Rail P.S. Case No.93 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T