Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9646 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- BIKRAM District- Patna ====================================================== ROCKY KUMAR, aged about 20 years, Male, Son of Ravindra Sharma @ Ravindra Kumar, Resident of Village - Jefra Bhagwanpur, Police StationNaubatpur, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-06-2020 Heard both sides through video conferencing.

The petitioner seeks bail in Bikram P.S. Case No.262 of 2019, registered under Sections 414, 402 and 399 of the Indian Penal Code and under Sections 25(1-b)a/26/35 of the Arms Act.

The petitioner was apprehended on the allegation that the petitioner had assembled along with other accused persons to commit a cognizable offence and from the possession of the petitioner one loaded country made pistol was recovered. One motorcycle was also recovered from that place. Mr. Akhauri Kamal Kishore Sahay, the learned counsel for the petitioner submits that the petitioner got the certified copy of the order passed by the learned Additional

Patna High Court CR. MISC. No.9646 of 2020(3) dt.02-06-2020 2/2 Sessions Judge-I, Danapur but the order does not bear the signature of the learned Additional Sessions Judge-I, Danapur. It is a clerical mistake on the part of the copying department or the person who typed the order and did not obtain the signature of the Presiding Officer. The petitioner is in jail since 13.08.2019. The petitioner has already remained in jail for more than nine months for recovery of a country made loaded pistol. Considering the fact that the petitioner has already remained in jail for more than nine months for recovery of one loaded country made pistol, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.

-VI, Danapur, Patna in connection with Bikram P.S. Case No.262 of 2019. The learned Additional Sessions Judge-I, Danapur shall look into the matter as to under what circumstances, the certified copy of the order was issued without bearing the signature of the Presiding Officer.

(Prabhat Kumar Jha, J) S.KUMAR/- U T