Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82252 of 2019 Arising Out of PS. Case No.-687 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Vikash Kumar, Son of Late Ohm Prakash Singh Resident of Village - Itadhi, P.S.- Bhabua (Sonhan), District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-01-2020 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 25(1-b) a/26 of Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against petitioner is recovery of one country made pistol and one live cartridge from the possession of the petitioner as well as recovery of nine litres of foreign liquor from his possession.

It has been submitted by learned counsel for the petitioner that petitioner has got no criminal antecedent and is in custody since 11.11.2019.

As there is recovery of foreign liquor as well as arm from the possession of the petitioner, I am not inclined to grant bail to the petitioner. As such, present application is rejected. However, after six months of custody petitioner may enlarged by the court below itself.

Patna High Court CR. MISC. No.82252 of 2019(3) dt.13-01-2020 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail after completing six months of jail custody upon furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bhabua (Sonhan) P.S. Case No.687/2019, with following conditions:-

(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 properly represented on each and every date fixed by the court.

(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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) Prakash Narayan /- U T