Nishant Kumar @ Nishu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14831 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== NISHANT KUMAR @ NISHU Son of Rajendra Prasad Resident of Mohalla - Rashtriyaganj (Ishopur Raychauk), P.S. - Phulwarisharif, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. The prosecution case in short is that one loaded country made pistol with two live cartridges have been recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.5.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. One loaded country made pistol with two live cartridges have been recovered. There is no compliance of Section 100 of Cr.P.C..

Patna High Court CR. MISC. No.14831 of 2019(3) dt.08-07-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Patna in connection with Phulwarisharif P.S. Case No. 325 of 2018.

(Sudhir Singh, J) Pankaj/- U T