Patna High CourtCR. MISC./7153/2019bail granted

Sandeep Kumar Sah v. The State Of Bihar

2019-03-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7153 of 2019 Arising Out of PS. Case No.-119 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Sandeep Kumar Sah Son of Raj Kumar Sah Resident of Village - Babhangama ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 399, 402, 411 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

Allegation is recovery of one country made pistol, two live cartridges and a white colour Pulsar bike from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from possession of the petitioner. Petitioner is in custody since 23.04.2018.

Patna High Court CR. MISC. No.7153 of 2019(3) dt.07-03-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Riga P.S. Case No. 119 of2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Rajiv/- U T