Patna High CourtCR. MISC./20290/2017bail granted

Manish Kumar v. The State Of Bihar

2017-05-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20290 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Manish Kumar Son of Ramdayal Mahto, Resident of Village- Fafaut, P.S.- Khudawandpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. From the possession of the petitioner a loaded country made pistol was recovered and allegation is that he along with others was planning to commit dacoity.

Submission of the petitioner is that he is in custody since 02.12.2016 and there are some cases against the petitioner and in none of the cases the petitioner is named in the FIR. In the present case, the petitioner was apprehended from his house and not from the place of occurrence as alleged in the FIR. Considering the aforesaid facts, let the petitioner,

Patna High Court Cr.Misc. No.20290 of 2017 (2) dt.01-05-2017 2/2 above named, be released on bail, on completion of nine months of custody, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Manjhaul, Begusarai/successor Court in connection with Cheriya Bariyarpur Police Station Case No. 197 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T