Shiv Samrat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66192 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- HATHIDAH District- Patna ====================================================== SHIV SAMRAT (male), aged about 21 years, Son of Sunil Kumar Agrahari, Resident of Village- Rani Sarai, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 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.

Allegation against the petitioner is recovery of one country made pistol along with one live cartridge from his possession.

It has been submitted on behalf of the petitioner that petitioner had no criminal antecedent at the time of incident of present case, however, subsequently, he has been remanded in seven more cases as detailed in paragraph no.3 of the petition. It has been further submitted that petitioner has received appreciation from the Chief Minister and DIG for his outstanding academic performance. Petitioner is in custody

Patna High Court CR. MISC. No.66192 of 2019(3) dt.29-11-2019 2/2 since 09.06.2019.

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 Hathidah P.S. Case No. 44 of 2019, 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