Patna High CourtCR. MISC./7006/2019bail granted

Robin Sah v. The State Of Bihar

2019-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7006 of 2019 Arising Out of PS. Case No.-799 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Robin Sah S/o Chandrika Sah Resident of Village-Raghunathpur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Town P.S. Case No. 799 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. One loaded country made pistol, two live cartridges are said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern with the seized articles. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid

Patna High Court CR. MISC. No.7006 of 2019(5) dt.22-05-2019 2/2 recovery from his possession. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent and has been languishing in custody since 15.11.2018.

On the other hand, learned APP for the State opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Town P.S. Case No. 799 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T