Vikash @ Biru Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.19350 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19350 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Vikash @ Biru Sah s/o Uday Sah Resident of Vill - Semari, P.S. - Dawath, Dist - Rohtas.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Dawath P.S. Case No. 94 of 2016 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Allegedly, five persons were arrested with three motorcycles and from possession of the petitioner one country made pistol and two cartridges were recovered. Submission is of false implication and that co-accused Prakash Kumar has already been allowed bail and the petitioner is suffering in custody since 01.11.2016 and as such the petitioner deserves sympathetic consideration.

Learned APP fairly submits that the petitioner has remained in custody for more than six months.

Patna High Court Cr.Misc. No.19350 of 2017 (3) dt.29-06-2017 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 the learned S.D.J.M., Bikramganj, Rohtas in connection with Dawath P.S. Case No. 94 of 2016, 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