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Patna High CourtCR. MISC./85052/2019bail granted

Kalu @ Kallu @ Vikash Kumar v. The State Of Bihar

2020-01-07Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85052 of 2019 Arising Out of PS. Case No.-177 Year-2019 Thana- DANAPUR District- Patna ====================================================== KALU @ KALLU @ VIKASH KUMAR Son of Lemua @ Jamun Saw @ Jamuna Saw Resident of Mainpura, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Shraddhanand Paswan, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Danapur P. S. Case No. 177 of 2019 instituted for the offence under Section(s) 414 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

On information regarding snatching of one mobile and some cash, police officials have rushed to the spot. It is alleged that three persons fled away. One of the persons was apprehended and from his possession one mobile phone was recovered and a loaded country made pistol was also recovered along with live cartridge. The petitioner along with one Manjhal @ Lav has been named by the said apprehended co-accused, namely, Sandip Kumar.

Patna High Court CR. MISC. No.85052 of 2019(2) dt.07-01-2020 2/3 It is submitted by the petitioner's counsel that other than the statement of the co-accused, there is no recovery from the petitioner of any incriminating material to connect him with the alleged occurrence. He has no criminal antecedents and is in custody since 06.04.2019. The other co-accused, similarly implicated as accused, namely, Manjhal @ Lav, has been allowed bail in Cr. Misc. No. 44464 of 2019. The learned APP for the State opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M. 1st Danapur, in connection with Danapur P. S. Case No. 177 of 2019 subject to 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 and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.85052 of 2019(2) dt.07-01-2020 3/3 bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T