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Patna High CourtCR. MISC./50195/2015bail granted

Rahul Kumar v. The State Of Bihar

2015-11-03Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47539 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana - SINGHESHWARASHTHAN District- MADHEPURA =====================================

1. Chotu Kumar, Son of - Maheshwari Prasad Yadav, Resident of village- Pathraha, P.S.- Madhepura, DistrictMadhepura .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ===================================== With Criminal Miscellaneous No.50195 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana - SINGHESHWARASHTHAN District- MADHEPURA =====================================

1. Rahul Kumar, Son of Yognandan Yadav Resident of village - Pathraha, Police Station - Madhepura, District - Madhepura .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.47539 of 2015) For the Petitioner/s : Mr. Raja Surendra Mohan, Adv. For the Opposite Party/s: Mr. Ram Sumiran Roy, APP (In Cr.Misc. No.50195 of 2015) For the Petitioner/s : Mr. Kumar Singh, Adv.

Patna High Court Cr.Misc. No.47539 of 2015 (2) dt.03-11-2015 2/3 For the Opposite Party/s : Mr. Subhash Chandra Mishra, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutors for the State. Both these applications for grant of regular bail arises out of Singheswar P.S. Case No.124 of 2015, disclosing offences under Section 393 of the Indian Penal Code and Sections 25(1-B)A, 26(ii) and 35 of the Arms Act.

It is submitted that so far as petitioner, namely, Chotu Kumar (Cr. Misc. No.47539 of 2015), is concerned, one live cartridge and one used cartridge were recovered from his possession, whereas, nothing has been recovered from the possession of the petitioner, namely, Rahul Kumar (Cr. Misc. No.50195 of 2015). It is further submitted on behalf of the petitioners that they are in custody since 25.07.2015 and 26.07.2015, respectively. Considering the period of custody of these petitioners, these applications are allowed.

The petitioners, abovenamed, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each

Patna High Court Cr.Misc. No.47539 of 2015 (2) dt.03-11-2015 3/3 to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Singheswar P.S. Case No.124 of 2015.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required, and in the event of failure on their part to appear before the Court, on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T