Ganesh Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11833 of 2019 Arising Out of PS. Case No.-95 Year-2017 Thana- HASPURA District- Aurangabad ====================================================== Ganesh Sao Son of Late Chutar Sao Resident of Village- Imamganj, P.S.- Khirimore, Dist-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sinha For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks regular bail in connection with Haspura PS case no. 95 of 2017 registered for the offence punishable under Sections 399, 402 of Indian Penal Code and 25(1-b)a, 26, 35 of Arms Act.
The case of the prosecution is that the police received secret information that some persons were planning for committing dacoity, whereupon the place of occurrence was raided by the police and some miscreants were arrested from whom arms, ammunitions and cartridges were recovered but the petitioner managed to flee away but was arrested lateron. The learned counsel for the petitioner submits that no arms have been recovered from the possession of the
Patna High Court CR. MISC. No.11833 of 2019(2) dt.26-02-2019 2/2 petitioner herein and infact, he has been falsely implicated in the present case for the reason that three other cases are pending against the petitioner in which, he is on bail. The petitioner is said to be languishing in custody since 26.10.2018. It is further submitted that even the co-accused persons who had been arrested from the spot, have been granted bail, one of the said order being the order dated 25.08.2018 passed in Cr. Misc. no. 40569 of 2017.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Daudpur, Aurangabad in connection with Haspura PS case no. 95 of 2017.
(Mohit Kumar Shah, J) rinkee/- U T