Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.880 of 2019 Arising Out of PS. Case No.-343 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Satyam Kumar Dharmendra Pd Singh Resident Village-Bhajaur, P.s-Jamui District Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Deepnagar P.S. Case No.343 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Informant who is police officer in his self statement has stated that he received information that one Ramu Yadav is involved in trade of illicit liquor and upon said information he reached the house of Ramu Yadav and on seeing police many persons fled away, however, four persons were arrested including the petitioner. From the possession of petitioner one country made pistol with live cartridge was recovered. It has been submitted on behalf of the petitioner that nothing was recovered from the possession of petitioner and he has been apprehended on the basis of suspicion only and was

Patna High Court Cr.Misc. No.880 of 2019(3) dt.18-01-2019 2/3 arrested while he was doing agriculture work. Except these two cases he is not accused in any other case. Petitioner is in custody since 22.09.2018.

Considering the facts of present case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, it is observed that petitioner named above be released on bail after completing six months of jail custody upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda, Biharsharif, in connection with Deepnagar P.S. Case No.343 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

Patna High Court Cr.Misc. No.880 of 2019(3) dt.18-01-2019 3/3 bail of the petitioner.

(S. Kumar, J) ranjan/- U