Lokesh Kumar @ Lokesh Kumar Sharma @ Lokesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52281 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -SAHPUR District- PATNA ======================================================

1. Lokesh Kumar @ Lokesh Kumar Sharma @ Lokesh Sharma S/o Baidyanath Sharma @ Baijnath Singh, R/o Vill.- Shahpur, P.S.- Shahpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 Heard the parties.

The petitioner seeks regular bail in connection with Special Case No.6204 of 2018 (arising out of Shahpur P.S.case No.205 of 2018) registered for offences punishable under Sections 25(1-b)a, 26 of the Arms Act and Section 37(b) of Bihar Prohibition and Excise Act, 2016.

There is recovery of one loaded country-made pistol while he was in drunken condition.

Submission of the learned counsel for the petitioner is that the fire arm has been produced by the villagers and it has not been seized by the police. The petitioner is in custody since 6.7.2018. The charge-sheet has been submitted in this case. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.52281 of 2018 (3) dt.05-10-2018 2/2 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 Special Judge Excise, Patna in connection with Special Case No.6204 of 2018 arising out of Shahpur P.S.Case No.205/18.

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