Patna High CourtCR. MISC./17183/2016bail granted

Brajendra Kumar @ Brajendra Kumar Singh v. The State Of Bihar

2016-04-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17183 of 2016 Arising Out of PS.Case No. -97 Year- 2015 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Brajendra Kumar @ Brajendra Kumar Singh Son of Sri Ram Singh resident of Village- Kishunpur, Police Station - Bheldi, District Chhapra (Saran) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Prasad Singh For the Opposite Party/s : Mr. Umesh Lal Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and the learned counsel for the State.

In this case the petitioner seeks bail in Deoriya P.S.Case No. 97/2015 instituted for the offences under section 25(1-b)A, 26, 35 of the Arms Act and Section 16, 17, 18, 20, 22, 23 of the U.A.P.Act and 3/4/5 of the Explosive Substances Act. The police on secret information intercepted the petitioner and co-accused, namely, Ram Naresh Sahani. From the possession of Ram Naresh Sahani a country made pistol was recovered. From the possession of the petitioner three items, i.e. paper of levy, white colour purcha and white colour poster, were recovered. Learned counsel for the petitioner submits that the petitioner has no criminal history. The petitioner is in jail since 30.11.2015.

Patna High Court Cr.Misc. No.17183 of 2016 (2) dt.26-04-2016 Looking to the facts and circumstances of the case, let the petitioner, Brajendra Kumar @ Brajendra Kumar Singh, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge cum Special Judge, Muzaffarpur in Deoriya P.S.Case No. 97/2015, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner, (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) Surendra/- U