Sheo Shankar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16144 of 2015 Arising Out of PS.Case No. -425 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sheo Shankar Sah S/o Sri Rajendra Sah, Resident of village- Narkatiyaganj, Pokhara Chowk, P.S.- Sikarpur, District- West Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Opposite Party : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 09.08.2014 in connection with Bettiah Town P.S. Case No.425 of 2014 for the offences instituted under Sections 25(1-b)a, 36 and 35 of the Arms Act.
The prosecution story, in brief, is that on 08.08.2014 at 3.30 P.M. the informant got secret information that three armed miscreants were sitting for committing any crime. The informant accordingly, constituted a police team and proceeded from the police station and reached Hanumant Nagar where the police surrounded the place. On seeing the policy party, three persons started fleeing away. However, two of them were arrested. In presence of two local witnesses, the apprehended persons were
Patna High Court Cr.Misc. No.16144 of 2015 (2) dt.09-06-2015 2/2 searched and enquired. They disclosed their names as Mahesh Sah and Sheo Shankar Sah. On search, a country made pistol loaded with two live cartridges were recovered from the possession of coaccused Mahesh Sah and three live cartridges were recovered from the possession of the petitioner.
It has been submitted on behalf of the petitioner that only one country made pistol along with three live cartridges has been recovered from his possession. Further it has been submitted that the petitioner has got no criminal antecedent. On behalf of the State it has been submitted that the petitioner is named in the first information report and recovery has been made from conscious possession of the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case no. 425 of 2014. (Sudhir Singh, J) B.T/- U T