Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15281 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Satyendra Kumar Son of Bhutani Mahto Resident of Village- Tarapur, P.S. Manpur, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Advocate Mr. Nilesh Kumar, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bihar P.S. Case No. 44 of 2017 registered for offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

It has been submitted on behalf of the petitioner that nothing has been recovered from his conscious possession rather it is alleged that 4 cartridges were recovered beneath the Chouki of the petitioner. The petitioner is in custody since 27.1.2017 except for the period 7.2.2017 to 24.2.2017 when he was granted provisional bail. The petitioner has no criminal antecedent and he has not misused the privilege of provisional bail granted to him. Heard learned A.P.P. also.

Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.15281 of 2017 (2) dt.06-04-2017 2/2 stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 44 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) S.Pandey/- U T