Guddu @ Guddu Pawari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80593 of 2018 Arising Out of PS. Case No.-372 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== Guddu @ Guddu Pawari son of Ali Mian @ Ali Pawari @ Ali khan, resident of village- Bagen, P.S.- Bagen Gola, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Brahmpur (Krishna Brahm) P.S. Case No. 372 of 2018 registered for the offence punishable under sections 25(1-b)a and 26 of the Arms Act. Prosecution case in brief is that on the basis of confessional statement of accused named in Brahampur (Krishna Brahm) P.S. Case No. 354 of 2018, Informant who is police officer proceeded towards Kali Mai Temple situated in village Saroura and behind the temple, recovered some articles kept in polythene and when the polythene was opened two country made pistols and five cartridges were recovered. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of

Patna High Court Cr.Misc. No.80593 of 2018(4) dt.21-02-2019 2/2 the petitioner. Petitioner is in custody since 14.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Krishna Brahm) P.S. Case No. 372 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/her absence on two consecutive dates without sufficient reason, his/her 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 bail of the petitioner. (S. Kumar, J) ranjan/- U