Mahesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6672 of 2016 Arising Out of PS.Case No. -584 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Mahesh Das S/o Late Manu Das, Resident of Mohalla - Baignabad, Police Station - Bihar, District - Nalanda.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raj Kishor Prasad, Advocate.

For the Opposite Party : Mr. S.M.Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Bihar P.S. Case No. 584 of 2015, registered for the offences punishable under Sections 25(1-b)A, 26 of the Arms Act.

Allegedly on the basis of information furnished by the wife of the petitioner the informant and other police personnel searched the house of the petitioner and in presence of the petitioner two country made Katta, two empty cartridges and one live cartridge were recovered and both Kattas and cartridges were in rotten condition.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.6672 of 2016 (3) dt.08-04-2016 2/2 petitioner has been made victim of the circumstances, the arms recovered were not effective, the petitioner having no criminal antecedent is suffering in custody since 30.11.2015 and as such he deserves sympathetic consideration to which the learned APP opposes by submitting that recovered Katta was found effective vide para 36 of the case diary.

In the facts and circumstances stated above the petitioner shall be released on bail after completion of six months in custody on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Bihar P.S. Case No. 584 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) KKSINHA/- U T