Prabhat Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2608 of 2017 (2) dt.16-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2608 of 2017 Arising Out of PS.Case No. -285 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Prabhat Kumar Son of Late Braj Bhushan Prasad singh Resident of VillageRepura Malangchowk, P.S.-Saraiya Jaintpur O.P> District-Muzaffarpur ... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 285 of 2016 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act. Allegedly, acting on a tip off, raid was conducted but the miscreants speed away in Scorpio vehicle and then chase was made and that Scorpio was surrounded, resulting the miscreants started fleeing away and out of those the petitioner was caught and from his possession one country made pistol with one cartridge was recovered and he stated the name of other persons who have succeeded in fleeing away.

Submission is of false implication and that the petitioner has got no criminal antecedent, he is in custody since 23.08.2016

Patna High Court Cr.Misc. No.2608 of 2017 (2) dt.16-02-2017 and now he has remained for about 6 months and as such he deserves sympathetic consideration to which the learned APP fairly submits that the petitioner has now remained in custody for about six months.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months custody from the date of his remand in this case 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., West, Muzaffarpur in connection with Saraiya P.S. (Jaintpur O.P.) Case No. 285 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