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Patna High CourtCR. MISC./63533/2019bail granted

Prince Kumar @ Golu v. The State Of Bihar

2019-11-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63533 of 2019 Arising Out of PS. Case No.-451 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Prince Kumar @ Golu, aged about 24 years(male), Son of Sanjit Kumar Singh @ Sanjit Singh, Resident of Keshave, P.S.- Barauni Refinery, DistrictBegusarai ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody since 14.09.2018, seeks bail in Barauni (Refinery) P.S.Case No.451 of 2018 registered for offence punishable under Section 414 of the Indian Penal Code read with Sections 25(1-b)a, 26, 35 of the Arms Act. Petitioner had earlier moved this Court for regular bail vide Cr.Misc.No. 2587 of 2019, which was rejected on 23.01.2019. However, it was observed that petitioner may renew his prayer for bail after one year of custody. It has been submitted on behalf of the petitioner that seized arms and ammunition were not recovered from conscious possession of the petitioner, rather same were recovered from

Patna High Court CR. MISC. No.63533 of 2019(2) dt.06-11-2019 2/2 the joint family house.

Considering the nature of allegation as well as period of custody, let the petitioner named above be released on bail 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, Begusarai in connection with Barauni (Refinery) P.S. Case No.451 of 2018 subject to following conditions:

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

(ii) petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and on his absence on two consecutive dates without proper and sufficient reason, the trial court will be at liberty to cancel his bail bond.

(iii) If the petitioner tampers with the evidence or the witnesses of the case, in that event the prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J.) nawalkrs/- U T