Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16563 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Tarun Kumar, Son of Nagina Prasad, Resident of Village-Banwaripur, Police Station-Hilsa, District-Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.01.2017 in connection with Ekangarsarai P.S. Case No. 10 of 2017 for the offences alleged under Sections 25(1-b) a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated merely because he happened to be the driver of Bolero vehicle from which one country made rifle under the seat of the vehicle was recovered. Three cartridges have been recovered from the pocket of co-accused Zafar Imam and not from the petitioner. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Ekangarsarai P.S. Case No. 10 of 2017 with the following conditions:-

Patna High Court Cr.Misc. No.16563 of 2017 (3) dt.11-04-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T