Raja Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50935 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- MALSALAMI District- Patna ====================================================== Raja Kumar @ Vikash Kumar, S/o Pradeep Prasad @ Pradeep Saw, Resident of Mohalla- Dahuchak Nagla (Pakka Kuan Ke Pas), P.S.- Malsalami, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Malsalami P.S. Case No. 136 of 2018 registered for the offence punishable under Sections 419, 420/34 of the Indian Penal Code, sections 7/8 Bihar Lottery Act, Section 11 of Bengal Gaming Act and Section 3⁄4 of the Explosive Substances Act.

Allegation against the petitioner is indulging in Gambling.

It has been submitted on behalf of the petitioner that the petitioner is tenant of Gauri Kumar who was running the business of Gambling and has been falsely implicated in this case. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated

Patna High Court Cr.Misc. No.50935 of 2018(2) dt.05-10-2018 2/2 09.05.2018 in Criminal Miscellaneous No. 27999 of 2018 and 25.06.2018 in Criminal Miscellaneous No. 32541 of 2018. Petitioner is in custody since 11.04.2018.

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 Additional Chief Judicial Magistrate-VI, Patna City, in connection with Malsalami P.S. Case No. 136 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(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) ranjan/- U