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Patna High CourtCR. MISC./3143/2019bail granted

Shobhnath Singh @ Shobhnath Yadav And ANR v. The State Of Bihar

2019-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3143 of 2019 Arising Out of PS. Case No.-341 Year-2018 Thana- KARAHGAR District- Rohtas ======================================================

1. Shobhnath Singh @ Shobhnath Yadav and Anr Late Singhasan Singh Resident of Village - Bilashpur PO - Ghordiha, PS Kargahar, District - Rohtas

2. Awadh Bihari Singh Shobhnath Singh Resident of Village - Bilashpur , POGhordiha, PS Kargahar, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek regular bail in connection with Kargahar PS case no. 341 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

The allegation in the present case is regarding recovery of 01 countrymade pistol and 09 live cartridges from the possession of co-accused persons namely Sunita Devi and Lallu Singh.

The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and a bare perusal of the F.I.R. would show that no

Patna High Court Cr.Misc. No.3143 of 2019(2) dt.23-01-2019 2/2 recovery has been made from the conscious possession of the petitioners, as such no case is made out under the provisions of the Arms Act. It is further submitted that the petitioners are languishing in custody since 06.09.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the abovenamed petitioners are directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Sasaram, Rohtas in connection with Kargahar PS case no. 341 of 2018. (Mohit Kumar Shah, J) rinkee/- U T