Bhaskar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51434 of 2016 Arising Out of PS.Case No. -105 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ====================================================== Bhaskar Kumar, Son of Ganesh Mahto, Resident of Village- Khatopur, P.S.- Muffasil (Lakho O.P.), District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 06.06.2016 in connection with Rajgir P.S. Case No. 105/16 for offences punishable under Sections 399, 402, 414, 328 of the Indian Penal Code and under Section 25(1-b) a, 26, 35 of the Arms Act.

The prosecution case is that the police on evening patrolling apprehended five persons including the petitioner and from the possession of petitioner one loaded country-made pistol with two mobiles were recovered. Accordingly, seizure-list was prepared.

It has been submitted by the learned

Patna High Court Cr.Misc. No.51434 of 2016 (2) dt.01-12-2016 2/3 counsel for the petitioner that he is innocent, has no criminal history and has falsely been implicated in the aforesaid case. He submits that other co-accused has since been granted the privilege of bail and that charge-sheet has already been submitted against him, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since from the materials available it does not reveal that the petitioner's liberty on bail would adversely affect his trial, let petitioner, above named, 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 learned Additional Chief Judicial Magistrate-IV, Nalanda at Biharsharif, in connection with Rajgir P.S. Case No. 105/16.

This direction of bail is further subject to the condition that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade him from disclosing such facts to the Court or to any police

Patna High Court Cr.Misc. No.51434 of 2016 (2) dt.01-12-2016 3/3 officer or tamper with the evidence and shall appear before the learned Court below as and when directed. With these observations and directions, the application stands allowed.

(Nilu Agrawal, J.) Rajesh/- U T