Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75519 of 2019 Arising Out of PS. Case No.-191 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== Binod Kumar Son of Babulal Yadav @ Boelal Yadav, Resident of Village - Sakarbasa, Tola Garsayar, P.S.- Cheriyabariyarpur, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Khodawandpur P.S. Case No. 191 of 2019 registered for the offences punishable under Sections 25(1-b)a, 26(i)(ii), 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case mere on suspicion. Learned counsel further submits that the petition is in custody since 08.09.2019 for recovery of only one live cartridge having no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that only one live cartridge has been recovered from the

Patna High Court CR. MISC. No.75519 of 2019(2) dt.26-11-2019 2/2 possession of the petitioner and he has no criminal antecedent and he is in custody since 08.09.2019, let the petitioner above named be released on bail in connection with Khodawandpur P.S. Case No. 191 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, Begusarai, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) ved/- U T