Patna High CourtCR. MISC./50561/2018bail granted

Amit Kumar @ Guddu v. The State Of Bihar

2018-10-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50561 of 2018 Arising Out of PS.Case No. -65 Year- 2017 Thana -FATEHPUR District- GAYA ====================================================== Amit Kumar @ Guddu, S/o Rajesh Singh, R/o Vill.- Bharatpur, P.S.- Beur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Session Trial No.17 of 2017/292 of 2017 arising out of Fatehpur P.S. Case No.65 of 2017 instituted for the offence under Section(s) 307, 414, 353 Indian Penal Code Sections 25(1-b)A, 26, 35 and 27 of Arms Act.

Counsel for the petitioner submits that petitioner is in custody since 08.03.2017. There is no recovery of any firearm from his possession.

It is alleged that amount of Rs.25,00,000/-(twenty five lacs) has been recovered from his possession. A report with regard to present stage of the trial was

Patna High Court Cr.Misc. No.50561 of 2018 (3) dt.03-10-2018 2/2 called for, which has been received. It is mentioned in the report that charge has been framed against the petitioner on 12.07.2017 and thereafter not a single witness has been examined in the case. It is further submitted that other co-accused has already been granted bail by co-ordinate Bench of this Court vide order dated 17.10.2017 passed in Cr. Misc. No.48639 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the IXth Additional District and Sessions Judge, Gaya, in connection with Session Trial No.17 of 2017/292 of 2017 arising out of Fatehpur P.S. Case No.65 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

The petitioner will remain physically present on each and every date of trial and his absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled.

(Sanjay Priya, J) JA/- Rohit Kr.

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