Patna High CourtCR. MISC./28361/2017bail granted

Rohit Kumar v. The State Of Bihar

2017-07-06Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28361 of 2017 Arising Out of PS.Case No. -173 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Rohit Kumar S/o Rajdeo Yadav R/o Village - Goriyari, P.S. - Salkhua, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-07-2017 Heard Sri. Shiva Shankar Sharma, learned counsel for the petitioner and Sri. Akbar Ali, learned A.P.P. for the State. The petitioner, in the present case, is seeking regular bail in connection with Saharsa Sadar P.S. Case No. 173 of 2017 registered under Sections 25(1-b)a, 26, 35 of the Arms Act. At the outset, learned counsel for the petitioner submits that although this petitioner is said to be one of the persons riding on the motorcycle which was intercepted by the police, however, there was no recovery of any illegal arms from his possession. The seizure list, enclosed with the F.I.R., at Annexure-2 would show that illegal arms were recovered from possession of Monu Singh and Shambhu Yadav. Learned A.P.P. opposed the prayer but no material could be pointed out to suggest recovery of arms from the possession of the petitioner. Petitioner has got no

Patna High Court Cr.Misc. No.28361 of 2017 (2) dt.06-07-2017 2/2 criminal antecedent and he is in custody since 28.02.2017. Considering the nature of the allegation and that the petitioner has no criminal history, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No, 173 of 2017 Subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) sushma/- U T