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Patna High CourtCR. MISC./29378/2015bail granted

Mewa Lal Singh v. The State Of Bihar

2015-08-11Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29378 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Mewa Lal Singh Son of Ram Subhag Singh Resident of village- Bag Majhauwa, P.s Koilwar, District Bhojpur at Ara. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 11-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody since 23.2.2015 in Koilwar P. S. case no. 47 of 2015 for the offence punishable under Sections 399, 402, 326, 307, 353 and 337/34 of the Indian Penal Code and 27 of the Arms Act.

The allegation is that the accused persons including the petitioner assembled for committing cognizable offence. The police party made a raid. The accused escaped. The petitioner and Munna Singh were apprehended. Fire arm was recovered from the possession of Munna Singh but nothing has been recovered from the possession of the petitioner. There is no allegation of overt act against him. It is further submitted that out of the same occurrence Koilwar P. S. Case no. 48 of 2015 has been lodged against the accused including the petitioner for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act but no

Patna High Court Cr.Misc. No.29378 of 2015 (2) dt.11-08-2015 2 / 2 arms were recovered from the possession of the petitioner.

Learned counsel for the State could not controvert the contention of the learned counsel for the petitioner while opposing the prayer for bail. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in Koilwar P.S. Case No. 47 of 2015 with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3. The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) sudip/- U T