Patna High CourtCR. MISC./6857/2017bail granted

Amit Kumar v. The State Of Bihar

2017-03-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6857 of 2017 Arising Out of PS.Case No. -316 Year- 2016 Thana -MURLIGANJ District- MADHEPURA ======================================================

1. Amit Kumar Son of Anmol Yadav, Resident of Village- Rahta Bhawanipur, Police Station- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 37(a), 37(b) of the New Excise Act and Sections 25(1-B)a, 26 & 35 of the Arms Act.

Allegation is that one country made pistol with two live cartridges were recovered from the pocket of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.11.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one country made pistol with two live cartridges are said to have been recovered. There is no compliance of Section 100 of the Cr.P.C.

Patna High Court Cr.Misc. No.6857 of 2017 (2) dt.06-03-2017 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 bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. case No.316 of 2016.

(Sudhir Singh, J) Narendra/- U T