Dharambir Kumar @ Dharmvir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82584 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== DHARAMBIR KUMAR @ DHARMVIR KUMAR Son of Bishundeo Rai Resident of Village - More, P.S.- Motipur, District - Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Ramchandra Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under section 392 of the Indian Penal Code and under the Arms Act.

Petitioner and his two associates have been alleged to have misfired at the informant and his brother at the shop, when they refused to hand over the cash of the shop. On raising alarm, all the three accused persons apprehended by the people. Learned counsel for the petitioner submits that no arms as well as any other incriminating material was recovered from the conscious possession of the petitioner. Charge sheet has also been filed in the case, as such, there is no chance of tampering with the evidence. Petitioner is in custody in the instant case since 23.8.2019.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 Sub Divisional Judicial Magistrate, Sadar East Champaran at Motihari in Rajepur Police

Patna High Court CR. MISC. No.82584 of 2019(2) dt.12-12-2019 2/2 Station Case No. 115 of 2019 on the following conditions:-

(1) Petitioner shall co-operate 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers 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) Shashi U T