Patna High CourtCR. MISC./64031/2018disposed

Rakesh Kumar Singh v. The State Of Bihar

2018-11-26Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64031 of 2018 Arising Out of PS. Case No.-419 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Rakesh Kumar Singh, Son of Ratneshwar Prasad Singh, Resident of VillageMehiyan, Police Station- Chapra Muffasil, District- Saran (Chapra). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Brij Kishor Mishra For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chapra Town P.S. Case No. 419 of 2018 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegation against petitioner is of recovery of one loaded country made gun and one live cartridge from his possession as well as other co-accused.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage. However, petitioner may renew his prayer for bail in court below after completion of six months in judicial

Patna High Court Cr.Misc. No.64031 of 2018(3) dt.26-11-2018 2/2 custody and shall be released on bail after six months of custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Chapra P.S. Case No.419 of 2018 with conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case case diary, prosecution will be at liberty to move for cancellation of bail of the petitioner.

With the aforesaid liberty this criminal miscellaneous stands disposed of.

(S. Kumar, J) Rajiv/ManojU T