Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54441 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- ROH District- Nawada ====================================================== PANKAJ KUMAR Son of Ishwari Prasad Resident of Village- Kunjaila, P.S.- Roh, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bharat Lal, Advocate For the Opposite Party :

Mr.Prem Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 25/26 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is recovery of one country made pistol, four live cartridges and some mobile phones from the conscious possession of the petitioner. Petitioner is in custody in the instant case since 20.5.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.54441 of 2019(3) dt.25-10-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Nawada in Roh Police Station Case No. 72 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T