Patna High CourtCR. MISC./27326/2016bail granted

Gautam Kumar v. The State Of Bihar

2016-07-14Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27326 of 2016 Arising Out of PS.Case No. -190 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Gautam Kumar, Son of Rameshwar Prasad Singh, Resident of village + P.S. Cheriya Bariyarpur, District Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anuj Kumar, Advocate For the Opposite Party: Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.05.2016 in connection with Barauni P.S. Case No. 190 of 2016 for the offences alleged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of confessional statements of other accused persons. It is further submitted that similarly situated co-accused, namely, Chamaru Singh from whose possession a Samsung Dual Sim Mobile was recovered has been granted bail vide order dated 14.07.2016 passed in Cr. Misc. No. 27544 of 2014.

4. In the aforesaid facts, let the petitioner (Gautam

Patna High Court Cr.Misc. No.27326 of 2016 (2) dt.14-07-2016 2/2 Kumar) be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 190/2016 subject to the conditions:- (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/- U