Patna High CourtCR. MISC./9383/2018bail granted

Mithun Kumar v. The State Of Bihar

2018-03-08Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9383 of 2018 Arising Out of PS.Case No. -237 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================

1. Mithun Kumar Son of Jaldhar Yadav, Resident of Village-Barui, P.S.- Kharagpur, District-Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indu Bhushan For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 07.08.2017 in connection with Kharagpur P.S. Case No. 237 of 2017 registered for the offences punishable under Sections 25(1-B)A/26 of the Arms Act.

Learned counsel for the petitioner submits that in connection with the present case he has already been in jail for more than six months and apart from the present case he is involved in one other case bearing Kharagpur P.S. Case No. 236 of 2017. It is further submitted that the seizure-list was prepared not at the place of occurrence.

Having considered the entire facts and circumstances of the case and also the materials available in the case dairy, let

Patna High Court Cr.Misc. No.9383 of 2018 (3) dt.08-03-2018 2/2 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Munger, in connection with Kharagpur P.S. Case No. 237 of 2017, subject to the following conditions:-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T