Patna High Court - Orders
Vijay Kumar Singh @ Kasab @ Vijay Kumar @ ... vs The State Of Bihar on 10 August, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34712 of 2017
Arising Out of PS.Case No. -57 Year- 2016 Thana -AMBA District- AURANGABAD
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1. Vijay Kumar Singh @ Kasab @ Vijay Kumar @ Kausab Son of Jiwan
Singh Resident of Village Admapur, P.S. Sasaram (M), District Rohtas at
Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey
For the Opposite Party/s : Mr. Sri Ram Sumiran Roy
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 10-08-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 06.08.2016 in connection with Amba P.S. Case No. 57 of 2016 for offences punishable under Sections 25(1-B)a and 26 of the Arms Act.
The prosecution case, as lodged by the police personnel is that on secret information that one person was roaming around in suspicion condition, the police apprehended him and from his possession, one country made pistol with three live cartridges were recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the Patna High Court Cr.Misc. No.34712 of 2017 (2) dt.10-08-2017 2/2 aforesaid case. He submits that no overt act has been committed by the petitioner and charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner and considering the period of custody, a sympathetic consideration be given.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in four cases earlier.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Chief Judicial Magistrate, Aurangabad, in connection with Amba P.S. Case No. 57 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.
(Nilu Agrawal, J) sushma/-
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