Ankit Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83445 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- BIHRA District- Saharsa ====================================================== ANKIT CHOUDHARY Son of Late Pawan Choudhari Resident of Village - Lakhri Ward No. 3, P.S.- Mahishi, District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Harun Quareshi For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the parties.
Petitioner who is in custody seeks bail in Bihra P.S. Case No. 142 of 2019 registered for the offence punishable under Section 414 of the Indian Penal Code and section 25(1b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is of recovery of one loaded country made pistol and two live cartridges. It has been submitted on behalf of petitioner that petitioner is in custody since 11.08.2019 and having no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby
Patna High Court CR. MISC. No.83445 of 2019(2) dt.06-01-2020 2/2 rejected.
However, it is observed that petitioner named above be released on bail after completing six months of jail custody upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bihra P.S. Case No. 142 of 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 and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.
(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) ranjan/- U