Bindeshwary Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70568 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- ALOULI District- Khagaria ====================================================== Bindeshwary Sada, S/o Late Bahadur Sada, Resident of Village- Larhi, P.S.- Alauli, Dist- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajit Kumar For the Opposite Party/s :
Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-12-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Alauli P.S. Case No. 99 of 2018 registered for the offence punishable under Sections 414 of the Indian Penal Code and 25(1-B)a, 26 and 35 of the Arms Act. Allegation is of recovery of one country made pistol and one live cartridge from the possession of the petitioner while he was coming on motorcycle with another co-accused. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Petitioner is in custody since 02.04.2018. 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 Chief Judicial
Patna High Court Cr.Misc. No.70568 of 2018(2) dt.11-12-2018 2/2 Magistrate, Khagaria, in connection with Alauli P.S. Case No. 99 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) ranjan/- U