Lokesh Das @ Lokari Das @ Lallu Das @ Lokesh Kumar Das @ Loken Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75035 of 2019 Arising Out of PS. Case No.-16 Year-2018 Thana- NIMCHAKBATHANI District- Gaya ====================================================== LOKESH DAS @ LOKARI DAS @ LALLU DAS @ LOKESH KUMAR DAS @ LOKEN DAS, AGE 42 YEARS, Gender, Male, Son of Baleshwar Das @ Kalu Das @ Kailu Das, Resident of Village- Khakni (A), P.S.- Nimchak Bathani, District- Gaya.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2 For the Opposite Party/s :
Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act.
Informant is a police officer who in his written complaint has stated that on confidential information, he along with other police personnel raided the house of the petitioner fromwhere, one country-made pistol was recovered and since his father was present, he was arrested who disclosed that arms belonged to petitioner.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has been submitted that for same offence, father and son both have been made accused. Petitioner has been remanded
Patna High Court CR. MISC. No.75035 of 2019(3) dt.02-12-2019 2/2 in this case on 10.07.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nimchak Bathani P.S. Case No. 16 of 2018 with following 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T