Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82686 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- BIKRAM District- Patna ====================================================== 1.

Ravi Kumar Aged 21 years, Gender - Male 2.

Shashi Kumar Aged 18 years, Gender - Male Both sons of Sri Kamlesh Kumar Resident of Village - Dina Bigaha, P.S.- Bikram, District - Patna ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr. Malay Kumar Choudhary Ms. Swati Sinha For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

12-12-2019 Heard learned counsel for the parties.

Two petitioners seek bail in Bikram P.S. Case No. 214 of 2019 registered for the offence under Sections 399, 402, 414 of the I.P.C. and Section 25(1-b)a, 26, 35 of the Arms Act. As per prosecution case, one loaded country-made pistol is said to have recovered from the possession of each of the petitioners.

It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. In fact, nothing has been recovered from the possession of the petitioners. It is further submitted that in this case, chargesheet has also been submitted and as such, there is no chance of tampering with the evidence against the petitioners and petitioners are in custody

Patna High Court CR. MISC. No.82686 of 2019(2) dt.12-12-2019 2/2 since 11-07-2019, having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - VI, Danapur in connection with Bikram P.S. Case No. 214 of 2019 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T