Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11230 of 2018 Arising Out of PS.Case No. -233 Year- 2017 Thana -SINGHESHWARASHTHAN DistrictMADHEPURA ====================================================== Pawan Kumar, Son of Rajo Chauhan @ Rajo Noniya, Resident of VillageBudhave, Ward No.12, P.S.- Singheshwar, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-02-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Singheshwar P.S.Case No. 233 of 2017 registered under Sections 25(1-b),a, 26, 27 and 35 of the Indian Penal Code. Allegation in brief is that seeing the police force, one tempo without any registration number, started fleeing away, two persons boarding in Tempo were apprehended and one escaped away by opening firing to the police and from apprehended person one loaded country made pistol along with two live cartridges were recovered from possession of the petitioner.

Submission is that there is recovery of only 02 live cartridges from the petitioner and no allegation of opening fire against him, however, he has one criminal antecedent. Having considered the aforesaid facts and circumstances,

Patna High Court Cr.Misc. No.11230 of 2018 (2) dt.27-02-2018 2/2 the petitioner, namely, Pawan Kumar, is directed to be released on bail after framing of charge upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each in connection with Singheshwar P.S. Case No. 233 of 2017 to the satisfaction of Chief Judicial Magistrate, Madhepura with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any medical urgency, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U T