Sipu Kumar @ Shippu Kumar @ Sippu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75174 of 2018 Arising Out of PS. Case No.-266 Year-2018 Thana- HILSA District- Nalanda ====================================================== Sipu Kumar @ Shippu Kumar @ Sippu Kumar, Son of Jalendra Sharma, Resident of Village- Kapsiyawan @ Kapasima @ Kapasiawan, Police StationHilsa, District- Nalanda at Biharsharif. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Hilsa P.S. Case No. 266 of 2018 registered for the offence punishable under Sections 25(1b)a, 26 and 35of the Arms Act. Allegation against the petitioner is of recovery of two mobile phones.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated 11.10.2018 in Criminal Miscellaneous No. 60926 of 2018. Petitioner is in custody since 23.05.2018.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.75174 of 2018(2) dt.18-12-2018 2/2 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- I, Hilsa, Nalanda, in connection with Hilsa P.S. Case No. 266 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