Pankaj Prasad @ Vinod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60556 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -ROSHANGANJ District- GAYA ======================================================

1. Pankaj Prasad @ Vinod Prasad S/o Ramdeo Mahto, R/o Vill.- Bataspur, P.S.- Dumariya, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tabish Sharfuddin, Advocate For the Opposite Party/s : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Roshanganj P. S. Case No. 24 of 2018, registered for offences punishable under Sections 25 (1-b), 26 and 35 of Arms Act and Section 30 (a) of Bihar Prohibition and Excise Act, 2016 and Section 17 of Criminal Law Amendment Act.

As per F.I.R. allegation against the petitioner is of recovery of one loaded country made arm and the petitioner is involved in keeping the illegal arms accordingly, seizure list has been prepared and he is accused in eight other cases. Submission of the learned counsel for the petitioner is that the petitioner has committed no offence and only on the

Patna High Court Cr.Misc. No.60556 of 2018 (2) dt.06-10-2018 2/2 basis of suspicion, he has falsely been implicated in this case and he is in custody since 24.02. 2018 and other similarly situated coaccused has been granted bail by Co-ordinate Bench of this Court vide order dated 23.08.2018 passed in Cr. 48798 of 2018 (Annexure-2).

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 Special Judge, Excise, Gaya in connection with Raushanganj P.S.Case No. 24 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