Amit Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67434 of 2018 Arising Out of PS. Case No.-334 Year-2018 Thana- DUMRAO District- Buxar ====================================================== Amit Kumar @ Ashutosh Kumar Son of Rabindra Nath Kumar Resident of Village- Dumari, P.S. Simari, Distt. Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Sharma For the Opposite Party/s :

Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Dumraon P.S.case No.334 of 2018 registered for offences punishable under Sections 25(1-b)a/26/35 of the Arms Act. Allegation against the petitioner is about recovery of one mobile and recovery of arms from the other accused persons. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and no arms and ammunition has been recovered from him. He has no criminal antecedent. He is in custody since 20.8.2018. 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,

Patna High Court Cr.Misc. No.67434 of 2018(2) dt.28-11-2018 2/2 be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Dumraon P.S.case No.334 of 2018.

With 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) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T