Vikky Madesiya @ Navin Madesiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58765 of 2018 Arising Out of PS.Case No. -150 Year- 2018 Thana -GUTHANI District- SIWAN ====================================================== Vikky Madesiya @ Navin Madesiya, Son of Satya Prakash @ Satya Prakash Madesiya, Resident of Village- Luchui, P.S.- Shahjanwa, DistrictGorakhpur (Uttar Pradesh). .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Adv For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Guthni P.S. Case No. 150/2018, registered for the offences punishable under Sections 413, 414 and 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.
Allegation is recovery of one country-made pistol from possession of petitioner.
It has been submitted that petitioner has falsely been implicated in this case. He is feriwala. His name has surfaced in this case on his confession before the police. Petitioner has no criminal antecedent. He is in custody since 23.06.2018.
Patna High Court Cr.Misc. No.58765 of 2018 (2) dt.09-10-2018 2/2 Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 Chief Judicial Magistrate, Siwan in connection with Guthni P.S. Case No. 150/2018, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.
(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Vinita/- U T