Pritam Kumar @ Pritam Kr. Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.5187 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5187 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ====================================================== Pritam Kumar @ Pritam Kr. Sah son of Rajesh Prasad Sah @ Raju Sah, R/o village- Pakkesray, P.S.- Ghogha, District- Bhagalpur... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kahalgaon (Ghogha) P.S. Case No. 262 of 2016 registered for the offences punishable under Sections 25(1-b)A, 26/35 of the Arms Act. Allegedly, three persons were apprehended and from possession of two co-accused arms and ammunitions were recovered whereas from possession of the petitioner one live .315 bore cartridge was recovered.

Submission is of false implication and that the petitioner is in custody since 07.08.2016 having no criminal antecedent. Learned APP submits that considering the period of detention now lenient view can be taken.

In the facts and circumstances stated above, the petitioner

Patna High Court Cr.Misc. No.5187 of 2017 (2) dt.09-03-2017 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 Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 262 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