Bikash Kumar @ Banket @ Venkat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21936 of 2016 Arising Out of PS.Case No. -645 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Bikash Kumar @ Banket @ Venkat son of Vijay Singh, Resident of Village- Madhurapur (Dakhinbari), P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 645 of 2015 registered for the offences punishable under Sections 109, 115, 120(B) of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

Allegedly, from possession of the petitioner one loaded country made pistol having three live cartridges in magazine from his left waist as well as two live cartridges in magazine from his right pocket of full-pant were recovered and the petitioner was apprehended with motor-cycle. Submission is of false implication and that nothing

Patna High Court Cr.Misc. No.21936 of 2016 (3) dt.15-07-2016 2/2 was recovered from conscious possession of the petitioner, he has been made victim of police atrocities, the alleged search and seizure are not in accordance with law, without any fault the petitioner is in custody since 18.11.2015. Learned A.P.P. submits that the petitioner has got criminal antecedent and he disclosed about the conspiracy for committing another crime.

In the facts and circumstances stated above, considering the detention of the petitioner, now, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 645 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T