Patna High CourtCR. MISC./55323/2015bail granted

Upnesh Kumar Singh v. The State Of Bihar

2015-12-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55323 of 2015 Arising Out of PS.Case No. -338 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Upnesh Kumar Singh S/o Suresh Singh, Resident of Village - Harpur Nand, P.S. Parmanandpur, District - Saran (Chapra). .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rudal Singh For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-12-2015 Heard Sri Rudal Singh, learned counsel for the petitioner and Sri Raj Kishore Singh, learned Addl. Public Prosecutor.

The petitioner, who is in custody since 05.07.2015 in connection with Hajipur Sadar P.S. Case no.338 of 2015 registered for the offence under Sections 399, 402, 414, 34 of the Indian Penal Code, Sections 25(1-b)A/26 II/35 of the Arms Act and Sections 3 and 4 of the Explosive Substance Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that one country-made pistol, one live cartridge and two empty cartridges were recovered from possession of the petitioner. The petitioner is having clean antecedent and he is in custody since

Patna High Court Cr.Misc. No.55323 of 2015 (2) dt.17-12-2015 2/2 05.07.2015. He further submits that almost in similar situation one of the co-accused, Suraj Rai has already been granted bail by a Bench of this Court on 30.11.2015 vide Cr.Misc.No. 53768 of 2015.

Keeping in view the fact that one of the co-accused has been granted bail as well as nature of accusation, period of custody and clean antecedent of the petitioner, which has been mentioned in paragraph-3 of the petition, let the petitioner, namely, Upnesh Kumar Singh be enlarged on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur n connection with Hajipur Sadar P.S. Case no.338/15..

(Rakesh Kumar, J) NKS/- U