Garibnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82498 of 2019 Arising Out of PS. Case No.-931 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

GARIBNATH KUMAR Son of Chandeshwar Sahni Resident of VillageVijay Chhapara, P.S.- Ahiyapur, District- Muzaffarpur 2.

Ajay Kumar Son of Garibnath Sahni Resident of Village- Vijay Chhapara, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Ahiyapur P.S. Case No. 931 of 2019 registered for the offence punishable under Sections 399, 402, 414 and 411 of the Indian Penal Code and Sections 25(1-b)A/26/35 of the Arms Act.

Informant has alleged that some miscreants had assembled to commit some grave crime and on receiving said information as he reached the place of occurrence, miscreants assembled there started fleeing, however, five of them were apprehended and four managed to escape and from the

Patna High Court CR. MISC. No.82498 of 2019(2) dt.12-12-2019 2/3 possession of petitioner No. 1 one knife was recovered and from possession of petitioner No. 2 one live cartridge was recovered. It has been submitted on behalf of petitioners that petitioners have no criminal antecedents and have been falsely implicated in this case and nothing was recovered from their possession. Petitioners are in custody since 08.08.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Ahiyapur P.S. Case No. 931 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence

Patna High Court CR. MISC. No.82498 of 2019(2) dt.12-12-2019 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/- U T