Babar @ Babra v. The State Of Bihar
Patna High Court Cr.Misc. No.26633 of 2015 (3) dt.07-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26633 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== BABAR @ BABRA, S/O LATE IDRISH MASTAN, RESIDENT OF VILLAGE- ISLAMNAGAR P.S. & DISTRICT ARARIA .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Araria P.S. Case No. 14 of 2015 registered under Sections 25(1-b)a and 26 of Arms Act.
The accusation is that on search two country made pistols were recovered beneath the pillow of the bed of the petitioner by the police official.
Learned counsel for the petitioner submits that the alleged arms were not recovered from the room of the petitioner rather the same were recovered from a common room which is used by all the family members and at that time petitioner was not present at his house. It is further submitted that due to previous
Patna High Court Cr.Misc. No.26633 of 2015 (3) dt.07-10-2015 enmity with the alleged two witnesses, the house of the petitioner was raided and in course of search, recovered arms were kept by them and witnesses have not put their signature on the seizure list. It is further submitted that petitioner has been made accused in five other cases, but in all five cases, he is on bail and he is in custody since 15.02.2015.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 14 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T