Praveen Kumar @ Prabeen Kumar @ Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70889 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Praveen Kumar @ Prabeen Kumar @ Munna Singh, S/o Hare Ram Singh, R/o Naokothi, P.S.- Naokothi, Dist- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Sri Rajendra Prasad Nat (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Naokothi P.S. Case No. 40 of 2018 registered for the offences punishable under Sections 25 (1-b) a and 26 of the Arms Act.

Allegation against petitioner is of recovery of one loaded pistol, two magazines and five live cartridges from the possession of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has falsely been implicated in this case as he was informant in a case contained in Annexure-2 against the informant of this case. Nothing has been recovered from the possession of the petitioner. He is in custody since 11.05.2018

Patna High Court Cr.Misc. No.70889 of 2018(2) dt.10-12-2018 2/2 Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri. Rahgubir Prasad learned J.M. 1st Class, Begusarai in connection with Naokothi P.S. Case No. 40 of 2018, subject to conditions:

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

(2) Petitioners 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 Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

(3) If the petitioners 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 petitioners.

(S. Kumar, J) Rajiv/ManojU T