Tutu Ramani @ Tutu @ Tutu Kahar @ Tutu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69662 of 2018 Arising Out of PS. Case No.-171 Year-2017 Thana- NALANDA District- Nalanda ====================================================== Tutu Ramani @ Tutu @ Tutu Kahar @ Tutu Kumar son of Lachho Singh, Resident of Village- Katari, P.S. Chandauti, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Nalanda P.S. Case No. 171 of 2017 registered for the offences punishable under Sections 25(1-b) A, 26 and 35 of the Arms Act and under Section 3/4 of Explosive Substances Act.
Allegation against petitioner is recovery of two cane bombs from the possession of the petitioner and other arms and ammunitions from co-accused.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case only on suspicion. It has been further submitted that other co-accused, namely, Rajeev Kumar
Patna High Court Cr.Misc. No.69662 of 2018(3) dt.06-12-2018 2/3 and Chhotan Kumar have been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 12912 of 2018 and 69962 of 2018 vide order dated 29.05.2018 and 03.12.2018 respectively. He is in custody since 15.12.2017. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Nalanda P.S. Case No. 171 of 2017subject to 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 Court and their absence on two consecutive dates without sufficient reasons, 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 bail of the
Patna High Court Cr.Misc. No.69662 of 2018(3) dt.06-12-2018 3/3 petitioner.
(S. Kumar, J) Rajiv/ManojU T