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Patna High CourtCR. MISC./64972/2018bail granted

Mikki Kumar v. The State Of Bihar

2018-11-05Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64972 of 2018 Arising Out of PS.Case No. -260 Year- 2018 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Mikki Kumar S/o Jethu Ram Resident of Village-Pachlikhi, P.S. Durgawati, Distt.-Kaimur(Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Chaudhary, Adv. For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Durgawati P.S. Case No. 260/2018, registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against petitioner is recovery of two live cartridges from his possession.

It has been submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from his possession. Except the confession of co-accused, no incriminating material has been found against him.

Petitioner has no criminal antecedent. He is in custody since 17.07.2018

Patna High Court Cr.Misc. No.64972 of 2018 (2) dt.05-11-2018 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 Additional Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 260/2018, 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 properly represented on each and every date fixed by the court.

(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