Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20753 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MADHUBANI TOWN District- MADHUBANI ======================================================

1. Alok Kumar Son of Shri Ravi Shahkar Mishra, Resident of VillageSimri, Police Station- Bisphi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Madhubani Town P.S.Case No.8 of 2017 registered for offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation against the petitioner is that he was arrested along with one Motorcycle and from the Dicky of the said Motorcycle, one country-made Pistol and cartridges were recovered.

It is submitted on behalf of the petitioner that he has been falsely implicated in this case and he is not even owner of the Motorcycle. It is also submitted that the petitioner has clean antecedent and remained in custody for about four months. Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.20753 of 2017 (2) dt.09-05-2017 2/2 bail.

Having heard both sides and in view of clean antecedent as well as the petitioner has remained in custody for about four months, as such, let the petitioner, above named, 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 C.J.M., Madhubani in connection with Madhubani Town P.S.Case No.8 of 2017.

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 on the event of failure on his part 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U