Patna High CourtCR. MISC./84571/2019bail rejected

Gulshan Kumar v. The State Of Bihar

2019-12-19Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84571 of 2019 Arising Out of PS. Case No.-354 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== GULSHAN KUMAR Son of - Gajendra Yadav Resident of VillageBarsingha, Paharpur Ward No. 17, P.S.- Sour Bazar (Patarghat O.P.), DistrictSaharsa. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 25(1b)a/26/35 of the Arms Act. Allegation is recovery of one loaded country made Katta from the possession of petitioner.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected at this stage.

However, after six months of custody the petitioner would be enlarged on bail by the court below itself on furnishing bail bond of Rs. 20,000/- (Rs. twenty thousand) with

Patna High Court CR. MISC. No.84571 of 2019(2) dt.19-12-2019 2/2 two sureties of the like amount each to the satisfaction of learned court below in connection with Sour Bazar (Patarghat O.P.) P.S. Case No. 354 of 2019 subject to the conditions that:-

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

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

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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