Patna High CourtCR. MISC./48467/2015bail granted

Sanjay Kumar Swarnkar v. The State Of Bihar

2015-12-03Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.48467 of 2015 (2) dt.03-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48467 of 2015 Arising Out of PS.Case No. -625 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Sanjay Kumar Swarnkar Son of Sri Chandu Swarnkar Resident of village - Nariyar, P.S. and District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subesh Sharma For the Opposite Party/s : Mr. Manoj Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Saharsa P.S. Case No. 625 of 2015 registered for the offences punishable under Sections 25(1-B0A, 26(ii), 35 of the Arms Act. The petitioner was caught and from his possession three live cartridges and two sim cards were recovered on 04.08.2015. Submission is that the petitioner is a student and he has been falsely implicated, the seized article is not a live cartridge and having no criminal antecedent the petitioner is suffering in custody.

Learned APP does not oppose the prayer of bail considering the alleged recovery.

Patna High Court Cr.Misc. No.48467 of 2015 (2) dt.03-12-2015 In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 625 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T