Mohan Kumar @ Devan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76836 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- BUXAR District- Buxar ====================================================== Mohan Kumar @ Devan, male, aged 18 years, Son of Chandrama Ram Resident of Village- Nayi Bazar Akroura, Buxar, P.S.- Buxar Town, DistrictBuxar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 16.03.2019 in connection with Buxar (Town) P.S. Case No.238 of 2019 registered for the offence under Section 25(1-B)a, 26, 35 and 27 of the Arms Act.

Learned counsel for the petitioner submits that though it is alleged that one .22 bore empty pistol has been recovered from the possession of the petitioner. The alleged recovery have been saddled on his shoulder, same was not from his conscious possession.

Learned counsel submits that so far other antecedents are concerned, the petitioner has already extended

Patna High Court CR. MISC. No.76836 of 2019(2) dt.04-12-2019 2/3 the privilege of bail.

In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No.238 of 2019, subject to the following conditions:

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.76836 of 2019(2) dt.04-12-2019 3/3

(4) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Vikash/- U T