Patna High CourtCR. MISC./44875/2015bail granted

Sunil Pathak v. The State Of Bihar

2015-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44875 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Sunil Pathak S/O Late Ravi Shankar Pathak resident of Mohalla- Marwari tola, P.S- Kotwali, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 307 of the Indian Penal Code and 25(1-b) A, 26 and 35 of the Arms Act.

Allegation against the petitioner is that he along with other accused persons looted the petrol pump and while fleeing away, he was apprehended by the police on chase but others succeeded to escape.

It has been submitted on behalf of the petitioner that he is in custody since 9.2.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. As per prosecution case, no one is said to have been injured in course of the occurrence. From the possession of the petitioner one country made pistol along with six live cartridges and one empty cartridge is said to have been recovered. No compliance under Section 100 of the Code of Criminal Procedure has been made.

Patna High Court Cr.Misc. No.44875 of 2015 (3) dt.21-12-2015 2 / 2 On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner 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, Bhagalpur, in connection with Jagdishpur P.S. Case no. 21 of 2015.

(Sudhir Singh, J) sudip/- U T