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Patna High CourtCR. MISC./7098/2019allowed

Binod Vishwakarma v. The State Of Bihar

2019-02-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7098 of 2019 Arising Out of PS. Case No.-309 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== BINOD VISHWAKARMA Son of Brahmdeo Vishwakarma Resident of Village - Maango Bandar ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 11.8.2018 in a case registered for the offences punishable under Sections 399,402 and 414 of the I.P.C. and Sections 25(1-B) a, 26 and 35 of the Arms Act.

The prosecution case as per the self-statement of Brajesh Kumar, SHO, Gidhour Police Station recorded on 11.8.2018 is to the effect that on the same day at 12.45 P.M., a secret information was received that the miscreants are moving on two motorcycles and are preparing to commit dacoity. Thereafter, raid was laid when from the possession of the petitioner, one loaded country made pistol was recovered.

It is submitted by learned counsel for the petitioner that the investigation has already been concluded and the petitioner

Patna High Court Cr.Misc. No.7098 of 2019(2) dt.07-02-2019 2/2 is in custody since 11.8.2018.

Learned APP submits that recovery of arms has been made from the petitioner.

Considering the nature of recovery and the period in custody, let the petitioner above named 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 learned JM Ist, Jamui in connection with Laxmipur (Gidhour) P.S. Case No. 309 of 2018.

(Dinesh Kumar Singh, J) anil/- U