Nakul Kumar @ Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56264 of 2017 Arising Out of PS.Case No. -203 Year- 2017 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Nakul Kumar @ Gaurav Kumar, S/o Ishwar Dayal Singh, resident of Village- Barah, P.S.- Harnaut, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prasad Singh For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Harnaut (Kalyanbigha O.P.) P.S. Case No. 203/2017 for offences punishable under Sections 25(1-b)a/26 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on a secret tip off the house of the petitioner was raided and he was apprehended. From the possession of the petitioner one country-made pistol with three live cartridges was recovered, and, accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no overt act has been committed by him. He submits that charge-

Patna High Court Cr.Misc. No.56264 of 2017 (2) dt.28-11-2017 2/2 sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner and he is languishing in judicial custody since 24.06.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Harnaut (Kalyanbigha O.P.) P.S. Case No. 203/2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T