Jeevan Sunar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14664 of 2016 Arising Out of PS.Case No. -563 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Jeevan Sunar Son of Man Bahadur, Resident of village- Lamki, P.S.- Motipur, District- Kelali (Nepal).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. Petitioner and some others were caught by the police officials when they allegedly, assembled to make preparation for committing dacoity. One country made loaded pistol and one cartridge along with one mobile set and some cards of jwellers were recovered from conscious possession of the petitioner. Petitioner confessed before the police that he as well as his other associates committed several occurrences of loot and dacoity and on the basis of aforesaid confessional statement as well as above

Patna High Court Cr.Misc. No.14664 of 2016 (2) dt.08-04-2016 2/2 stated recovery, petitioner was made accused in this case and after that he was remanded in some other cases.

Contention on behalf of the petitioner is that prior to institution of the present case, petitioner had not been made accused in any other case and when petitioner was arrested in the present case, he was remanded in some other cases also. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 563 of 2015, subject to condition that one of the sureties must be local and holder of landed property.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T