Patna High CourtCR. MISC./24255/2017bail granted

Bishambhar Kumar@ Bishambhar Kumar Yadav @Abhishekh Raj v. The State Of Bihar

2017-06-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24255 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. BISHAMBHAR KUMAR@ BISHAMBHAR KUMAR YADAV @ ABHISHEKH RAJ, son of Harilal Yadav, resident of Village- Naya Tola Karela, P.S.- Madhusudanpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-06-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner seeks bail in Nathnagar P.S. Case No. 39 of 2017 instituted for the offence under Sections-399, 402 of the Indian Penal Code and 25(i-b)a/26/35 of the Arms Act. It is alleged in the written report the police received information that some persons have assembled for preparation of committing dacoity. Five persons were apprehended. It is alleged that one loaded pistol and five cartridges were recovered from possession of the petitioner.

It has been submitted by the petitioner that he has clean antecedent. It has further been submitted by the petitioner that the petitioner was irrigating his field near the place of occurrence and

Patna High Court Cr.Misc. No.24255 of 2017 (3) dt.30-06-2017 2/2 since he did not become ready to sign on seizure list, he has been implicated falsely in this case. The petitioner is said to be in custody since 08-02-2017.

In such circumstances, keeping in view the period of custody spent by the petitioner, prayer for bail is allowed. The petitioner, named above is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Nathnagar P.S. Case No. 39 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhagalpur subject to condition that both the bailors should be close relatives of the petitioner.

(Sanjay Priya, J) A.K.V./- U T