Samar Sah @ Paltu Sah @ Samar Kumar @ Paltu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9954 of 2018 Arising Out of PS.Case No. -17 Year- 2016 Thana -TATARPUR District- BHAGALPUR ======================================================

1. Samar Sah @ Paltu Sah @ Samar Kumar @ Paltu Kumar Sah, Son of Shankar Sah, Resident of Village- Mundichak, P.S. Tilka Manjhi, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 353/307 of the Indian Penal Code and Sections 25(1-b)a/26/27/35 of the Arms Act. This is a case of misuse of privilege of bail. Submission is that the date, on which the bailbond of the petitioner was cancelled, the petitioner was already in judicial custody in some other case.

Considering the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below

Patna High Court Cr.Misc. No.9954 of 2018 (4) dt.30-03-2018 P2/ where the case is pending in connection with Tatarpur P.S. Case No.17 of 2016, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T