Patna High CourtCR. MISC./12645/2016bail granted

Badari Chaudhari v. The State Of Bihar

2016-06-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12645 of 2016 Arising Out of PS.Case No. -134 Year- 2015 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Badari Chaudhari, Son of Bikau Chaudhari, Resident of Village- Dihi Malahi Tola, P.S. - Thakaraha (Bhitaha), District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 25 (1-b) a and 26 of the Arms Act. Allegedly, from the house of the petitioner one country made rifle kept on the bed and three live cartridges were recovered from possession of the petitioner.

Submission is of false implication and that the petitioner is suffering in custody since 15.09.2015 and now he has been sufficiently penalized, the search and seizure were made not in accordance with law and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.12645 of 2016 (4) dt.21-06-2016 2/2 The learned A.P.P. submits that the petitioner has got criminal antecedent.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Bagaha, West Champaran in Thakaraha (Bhitaha) P.S. Case No. 134 of 2015, 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) Abhay/- U T