Jyoti Basu v. The State Of Bihar

Patna High Court Cr.Misc. No.12773 of 2017 (3) dt.24-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12773 of 2017 Arising Out of PS.Case No. -795 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Jyoti Basu, S/o Ashok Singh, R/o Village- Banauta, P.S.- Parsa, DistrictSaran. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 795 of 2016 registered for the offences punishable under Sections 341, 353, 338, 324/34 of the Indian Penal Code, Sections 25(1-B)a,26II/35 of the Arms At and Sections 3, 4, 5 and 7 of the Indian Immoral Traffic (Prevention) Act. Allegedly, the petitioner bite the finger of constable Mithilesh Rai at the time of fleeing away but he was caught and from his possession one country made automatic pistol was recovered having six live cartridges in the magazine, further from the pocket of the paint 5 more cartridges were recovered besides Nokia mobile and Micromax mobile.

Submission is of false implication and that nothing has

Patna High Court Cr.Misc. No.12773 of 2017 (3) dt.24-04-2017 been recovered from possession of the petitioner, the petitioner is suffering in custody since 17.11.2016, co-accused has been allowed bail by the court below itself and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named shall be released after completion of six months custody from the date of his remand 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, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 795 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