Patna High CourtCR. MISC./75987/2018bail granted

Kaushal Kumar @ Rajesh Kumar v. The State Of Bihar

2018-12-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75987 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- SAHJAHANPUR District- Patna ====================================================== Kaushal Kumar @ Rajesh Kumar, Son of Krishna Chandra Prasad @ Gandhi Ji ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 25 (1-b)a, 26 of Arms Act.

It submitted that one country made pistol and a live cartridge are alleged to have been recovered. Petitioner denies and disputes the recovery as being contrary to the procedure prescribed for search and seizure. He submits that the petitioner has falsely been implicated in this case and that he is in custody since 20.05.2018. It is also submitted that though he is accused in Shahjahanpur P.S. Case No. 36 of 2014 but in the said case he is on bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above

Patna High Court Cr.Misc. No.75987 of 2018(2) dt.17-12-2018 2/2 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 Vth Additional Chief Judicial Magistrate-cum-Judicial Magistrate 1st Class, Patna City in Shahjahanpur P.S. Case No. 28 of 2018 subject to the conditions :

(i) 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.

(ii) 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) Prakash/- U