Risham Kumar @ Rishav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48172 of 2018 Arising Out of PS.Case No. -254 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Risham Kumar @ Rishav Kumar, Son of Ninay Kumar, Resident of Village-Srirampur Thuthi, Police Station-Parbatta, District-Khagaria, at Present residing at Sarvodaya Nagar, Ward No.-41, P.S.-Begusarai Town in the District Of Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhilesh Prasad Singh, Advocate Mr. Amrit Anunay, Advocate For the Opposite Party/s : Md. Nazir Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Begusari Town P.S.Case No. 254 of 2018, registered for offences punishable under Sections 25 (1-B) A/26/35 of the Arms Act. Allegation as per F.I.R. is that one country made katta has been recovered from the rented house from possession of the petitioner and Sumit Kumar.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and nothing has been recovered from the possession of the petitioner and the petitioner is in custody since 05.05.2018 and another accused, Sumit Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.07.2018, passed in Cr.

Patna High Court Cr.Misc. No.48172 of 2018 (2) dt.27-09-2018 2/2 Misc. No. 39661 of 2018.

Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S.Case No. 254 of 2018 subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T