Sandesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51061 of 2017 Arising Out of PS.Case No. -196 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sandesh Kumar son of Shri Krishna Pd. Kushwaha resident of VillageBaltharwa, P.S. Pipra Kothi, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anang Mohan Sinha For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Turkauliya/Raghunathpur P.S.Case No.196 of 2017 registered for offences punishable under Sections 399, 402, 379/411 of the Indian Penal Code and Section 25(1-b),26/35 of the Arms Act. Allegation against the petitioner Allegation as per FIR is that the police raided the place of occurrence on the informant about preparation of dacoity and the petitioner was arrested and from his possession, loaded country-made Pistol has also been recovered.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he has no criminal antecedent. The petitioner has remained in custody for seven

Patna High Court Cr.Misc. No.51061 of 2017 (2) dt.13-11-2017 2/2 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as 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 learned C.J.M., East Champaran at Motihari in connection with Turkauliya/Raghunathpur P.S.Case no.196 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 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T