Allowed

Umashankar Kumar v. The State Of Bihar

Patna HC15 Feb 2019CR. MISC./79278/2018

Case brief

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What is this about?

This order grants bail to the petitioner in a Police Station case involving alleged recovery of a live cartridge. The petitioner was released upon furnishing a bond with sureties and two specific conditions: presence at trial dates and prohibition on tampering with evidence or witnesses.

What did the court decide?

Petitioner granted bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount, subject to conditions of attendance and non-tampering.

Umashankar Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79278 of 2018

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Arising Out of PS. Case No.-233 Year-2018 Thana- HAJIPUR District- Vaishali

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====================================================== Umashankar Kumar S/O Bhola Ray, R/O Village-Sondho Mubarak, P.S.-

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Goraul, District-Vaishali

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rina Sinha For the Opposite Party/s : Mr.Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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3 15-02-2019

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Heard learned counsel for the parties.

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Petitioner seeks bail in Hajipur Town P.S. Case No. 233 of 2018 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and 25(1b)a/27/35 of the Arms Act.

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Allegation against the petitioner is of recovery of one live cartridge.

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It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this

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Patna High Court Cr.Misc. No.79278 of 2018(3) dt.15-02-2019 2/3

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case. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 08.04.2018.

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Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 233 of 2018 , with following conditions:-

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(1)Bailors should be local having

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sufficient immovable property within the jurisdiction of the court concerned.

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(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.

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(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

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Patna High Court Cr.Misc. No.79278 of 2018(3) dt.15-02-2019 3/3

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cancellation of bail of the petitioner.

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(S. Kumar, J)

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ranjan/-

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Umashankar Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Umashankar Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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