Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 70378 of 2019 Arising Out of PS. Case No.-131 Year-2019 Thana- MAHUA District- Vaishali ====================================================== PANKAJ KUMAR Son of Dinesh Singh @ Dineshwar Singh Resident of Village - Garsaula @ Garjaul, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 25 (1-b) a, 26, 35 of Arms Act.

On recovery of two live cartridges, petitioner is in custody in connection with this case since his remand on 29.05.2019. It is submitted that merely on the basis of suspicion, the petitioner has been remanded in this case and that the recovery is not in accordance with law. Petitioner is on bail in the other two cases mentioned in paragraph 3 of the petition. Learned APP for the State has opposed the prayer. Considering the rival submissions, this Court is inclined to accept the submission of the petitioner's counsel.

Patna High Court CR. MISC. No.70378 of 2019(2) dt.04-12-2019 2/2 Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali in Mahua Police Station Case No 131 of 2019 dated 04.03.2019 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T