Patna High CourtCR. MISC./6647/2019bail granted

Kamal Das v. The State Of Bihar

2019-02-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6647 of 2019 Arising Out of PS. Case No.-163 Year-2018 Thana- SAHIYARA District- Sitamarhi ====================================================== Kamal Das, Son of Chandra Dev Das (M), aged about 36 years, R/o villageMatiyar Kala, P.S- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar Mr. Bigram Dev Singh For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 19.9.2018 in a case registered for the offences punishable under Sections 290, 504 and 506 of the Indian Penal Code, Sections 37(b), (c) of Bihar Prohibition and Excise Act, 2016 and Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that from the possession of petitioner, one loaded country made pistol with live cartridges have been recovered.

It is submitted by learned counsel for the petitioner that nothing has been recovered either from the conscious physical possession or from the house of the petitioner. It is

Patna High Court Cr.Misc. No.6647 of 2019(2) dt.25-02-2019 2/2 further submitted that investigation has already been concluded. Learned APP for the State submits that recovery has been made from the petitioner.

Considering the fact that investigation has already being concluded and period under custody, let the above named petitioner 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 learned Additional Sessions Judge-II -cum-Special Judge, Excise Act, Sitamarhi. in connection with Sahiyara P.S. Case No.163 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T