Patna High CourtCR. MISC./39169/2015bail granted

Shambhu Singh @ Shambhu Mandal v. The State Of Bihar

2015-10-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39169 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Shambhu Singh @ Shambhu Mandal S/o Yogendra Singh, Resident of Village- Piyarpur, P.S.- Tarapur, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 29 of the Arms Act. As per the prosecution story, the petitioner is alleged to have caught while fleeing after seeing the Police and on search one Desi Pistol, one Bindolia and 35 cartridges were recovered and from the rented house of the petitioner's wife ten mobile phone and eight SIM is said to have been recovered. It has been submitted of behalf of the petitioner that the petitioner is in custody since 13.03.2015. Chargesheet has been submitted in the present case. There is no allegation of tempering with the evidence against the petitioner. As per the prosecution

Patna High Court Cr.Misc. No.39169 of 2015 (3) dt.09-10-2015 P2/2 case one pistol and 35 cartridges are said to have been recovered from the possession of the petitioner. It is submitted that no procedure as per section 100 of the Cr. P.C. has been followed by the prosecution. The allegation is also denied by the petitioner. It has been submitted on behalf of the State that petitioner is named in the First Information Report.

Considering the aforesaid facts and circumstances, the petitioner above named is directed to be enlarged 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 Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 43/2015.

(Sudhir Singh, J) Saif/- U T