Shtrudhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 82683 of 2019 Arising Out of PS. Case No.-309 Year-2019 Thana- JAGDISHPUR District- Bhojpur ====================================================== Shtrudhan Kumar aged about 19 years male, S/o Rajendar Ray Resident of Vill - Kupai Tola, P.S. - Koilwar, District- Bhojpur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
12-12-2019 Heard learned counsel for the parties.
The petitioner seeks bail in Jagdishpur P.S. Case No. 309 of 2019 registered for the offence under Section 25(1b)a, 26, 35 of the Arms Act. It is a case of recovery of one country-made pistol and one live cartridge from the possession of the petitioner. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. In fact, nothing has been recovered from the possession of the petitioner. 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 petitioner and petitioner is in custody since 07-10-2019, having no criminal antecedent.
Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner
Patna High Court CR. MISC. No.82683 of 2019(2) dt.12-12-2019 2/2 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XI, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 309 of 2019 on the following conditions:
"(1) Petitioner 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 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.) anay U T