Patna High CourtCR. MISC./51878/2019bail granted

Kamaruddin @ Makra v. The State Of Bihar

2019-08-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51878 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== KAMARUDDIN @ MAKRA Son of Rasool Resident of Village Sherna Basantpur, P.S. - Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kanti P.S. Case No. 259 of 2019, instituted for the offence under Section(s) 413, 414 of the Indian Penal Code, Sections 25(1-b)a and 26 of the Arms Act.

It is alleged in the written report that one country made pistol has been recovered from possession of the petitioner. The alleged country made pistol was sent for examination. From the report it appears that spring of aforesaid pistol was broken and it was not fit for fire. It is further alleged that one Motorcycle has been recovered from house of the petitioner.

Patna High Court CR. MISC. No.51878 of 2019(2) dt.26-08-2019 2/2 Petitioner is in custody since 3.4.2019.

Keeping in view the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Kanti P.S. Case No. 259 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows:

(i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T