Ganesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31171 of 2018 Arising Out of PS.Case No. -199 Year- 2017 Thana -DIDARGANJ District- PATNA ====================================================== Ganesh Kumar S/o Laxmi Prasad @ Laxmi Yadav, R/o Vill.- Chakejohra, P.S.- Dhanaura, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Didarganj P.S. Case No.199 of 2017 registered for the offences punishable under Sections 25(1-b)(a) and 26 of the Arms Act. In course of patrolling the police apprehended the petitioner after some chase when he tried to flee away and from his possession two firearms and seven cartridges kept in a bag were recovered.
It has been submitted that the bag containing alleged firearms was actually recovered from the vehicle in which the petitioner was one of the passengers. Nothing has been recovered from the possession of the petitioner and he is in custody
Patna High Court Cr.Misc. No.31171 of 2018 (3) dt.09-07-2018 since 18.12.2017 having clean antecedent.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M. V, Patna City, Patna in connection with Didarganj P.S. Case No.199 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U