Nikki Thatheri @ Nikki Theiri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69599 of 2018 Arising Out of PS. Case No.-445 Year-2017 Thana- KOTWALI District- Munger ====================================================== Nikki Thatheri @ Nikki Theiri S/o Late Ranjeet Thathera @ Ranjeeat Kesera Resident of Village -Crean Factory, Katghar P.S. Kotwali, Distt.-Munger. At present-P.N.road,Madhopur, Basudeaopur P.S. Kotwali,Distt.-Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Md. Ansarul Haque (APP) ====================================================== 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 Kotwali P.S. Case No. 445 of 2017 (G.R. No. 3271 of 2017) registered for the offences punishable under Sections 399, 402, 25(1-b) a, 26 and35 of the Arms Act. Allegation against petitioner is recovery of one country made pistol and one live cartridges from his possession. 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. He was not arrested on the spot. Nothing has been recovered from his possession. He is in custody since 13.12.2017.
Patna High Court Cr.Misc. No.69599 of 2018(3) dt.06-12-2018 2/2 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 C.J.M., Munger in connection with Kotwali P.S. Case No. 445 of 2017 (G.R. No. 3271 of 2017), subject 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 his 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 petitioner.
(S. Kumar, J) Rajiv/ManojU T