Jitendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25845 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Jitendra Das, S/o Devi Das, R/o Village- Hajipur Ram Bhader, P.S.- Town, Distt- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 30.08.2016 in connection with T.R. No. 1666 of 2017 arising out of Mohiuddinnagar P.S. Case No. 158 of 2016 registered for the offence punishable under Sections 25(1-b) a/26 of the Arms Act. The prosecution case, as lodged by the Chawkidar, is that a lady, namely, Seema Devi came to his house at 2:00 A.M. in the night and informed that one person armed with pistol has entered in her house. The informant apprehended the petitioner and from his possession one country made pistol and one live cartridge were recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.25845 of 2017 (2) dt.04-07-2017 2/2 petitioner that he is innocent, has been falsely implicated in the aforesaid case and that he bears no criminal history. It has further been submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Samastipur in connection with T.R. No. 1666 of 2017 arising out of Mohiuddinnagar P.S. Case No. 158 of 2016.

(Nilu Agrawal, J.) Arjun/- U T