Shubham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6374 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -HALSI District- LAKHISARAI ====================================================== Shubham Kumar, Son of Jai Shankar Prasad, Resident of Surya Math Tola, Behind R. Lal College, Police Station-Kabaiya, District-Lakhisarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate Ms. Rakhi Kumari, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 30.08.2016 in connection with Halsi P.S. Case No. 111/16, G.R. No. 1305/16 registered for the offences punishable under Sections 25(1-B)A/26/35 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that three persons were apprehended with countrymade pistol, mobile phone and ornaments. From the possession of the petitioner one country-made pistol with live cartridge, some ornaments and mobile phone was recovered, and, accordingly, seizure-list was prepared.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.6374 of 2017 (2) dt.03-03-2017 2/2 petitioner that he is innocent, bears no criminal history and has been dragged in the aforesaid offence falsely. It is submitted that the two accused persons, who were apprehended by the police, have since been granted the privilege of bail by Coordinate Benches of this Court in Cr. Misc. No. 899 of 2017 on 12.01.2017 and Cr. Misc. No. 3502 of 2017 on 27.02.2017. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Considering the facts and circumstances and the materials on record and that two of the other co-accused persons have been granted the privilege of bail on similar allegation, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S. Case No. 111/16, G.R. No. 1305/16.
(Nilu Agrawal, J) Rajesh/- U T