Tinku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75107 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- SULTANGANJ District- Patna ====================================================== TINKU KUMAR Son of Munna Sao @ Munna Prasad Resident of- Tripolia Kathak Tal, Police Station - Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in in Special Case No. 52 of 2019, Sultanganj PS Case No. 134 of 2019 registered under Sections 399, 402, 414 of the IPC and Section 25(1-b)a, 26, 35 of the Arms Act and 22(a) of NDPS Act.

On the basis of allegations made in the FIR and referring to the seizure memo Counsel for the petitioner submits that that other than a knife, Nokia mobile phone and a tab no recovery has been attributed to the petitioner. Since the petitioner was having a small tea stall wherein he was also selling lemon tea it was natural for him to have a knife with him. Recovery of the arms and brown sugar is from possession of co-accused Sahjad with whom the petitioner has no concern. Earlier petitioner was implicated in another case bearing Kadam Kuan PS Case No. 207 of 2013 for the offences alleged under the Arms Act in which he is already on bail. In the instant case petitioner is in custody since 30.4.2019.

Patna High Court CR. MISC. No.75107 of 2019(3) dt.13-12-2019 2/2 Having regard to the aforesaid submissions the petitioner's prayer for bail is allowed.

Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge Patna in Special Case No. 52 of 2019, Sultanganj PS Case No. 134 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T