Patna High CourtCR. MISC./5445/2017bail granted

Vinnet Kumar @ Ajeet Kumar v. The State Of Bihar

2017-02-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5445 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -GOPALPUR District- PATNA ====================================================== Vinnet Kumar @ Ajeet Kumar, son of Jitendra Kumar Singh, Resident of Chanpura, P.S.- Nadriganj, Disrict- Nawada. At present resident of Bahadurpur Housing Colony Near T.V. Tower R.C.D. 139, Bhutnath Road, Kankarbagh, P.S.- Agam Kuan, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Aditya Nath Pandey, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.09.2016 in connection with Gopalpur P.S. Case No. 128 of 2016 for the alleged offences under Sections 25(1-b), 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and only on the extra judicial confessional statement of co-accused Prithwi Raj, except which there is no other material to connect the petitioner with the alleged offence. It is further stated that no recovery has been made from the possession of the petitioner. The petitioner is on bail in other cases in which he is accused.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.5445 of 2017 (2) dt.08-02-2017 circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Sri Satya Priya Anand, learned A.C.J.M.-cum- Sub Judge IX, Patna in connection with Gopalpur P.S. Case No. 128 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/Ibrar U T