Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6043 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Vijay Kumar, S/o Nageshwar Pd. Yadav, Resident of Village - Arariya, P.S. - Parbatta, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 17-03-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Parbatta P.S. Case No.77 of 2016 (G.R. No.806 of 2016) registered under Sections 25(1-B)a and 26 of the Arms Act.

The accusation is that in course of checking of the vehicle by the police, two persons were seen coming on a motorcycle but they started to flee away. On chase by the police, both persons succeeded to flee away leaving Hero Splender Motorcycle bearing Registration No.BR-34C-0174 there. On search of the motorcycle, one country made carbine and 65 live cartridges were recovered from the dickey of

Patna High Court Cr.Misc. No.6043 of 2017 (3) dt.17-03-2017 2/2 the motorcycle.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case by the police on mere suspicion and he is in custody since 27.12.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Chief Judicial Magistrate, Khagaria, in connection with Parbatta P.S. Case No.77 of 2016 (G.R. No.806 of 2016). Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner. Further, the petitioner shall attend the trial court on each and every date fixed in the case, during the course of the trial. If the petitioner fails to attend the trial court, during the course of the trial, on two consecutive dates, without any reasonable cause being shown, the trial court would be at liberty to cancel the bail bonds of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T