Dilip Kumar @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25440 of 2017 Arising Out of PS.Case No. -310 Year- 2016 Thana -MASAURHI District- PATNA ====================================================== Dilip Kumar @ Raja Son of Dinanath Yadav, Resident of VillageBairichak, P.S. Masaurhi, District-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-07-2017 Learned counsel for the petitioner is permitted to make correction in paragraph 11 of this application stating the period of custody.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 02.07.2016 in connection with Masaurhi P.S. Case No. 310 of 2016 registered for the offences punishable under Sections 25(1-b) a, 26 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that on secret tip-off that some criminals, who are accused in Masaurhi P.S. Case No. 307 of 2016, are moving near S.D.O. office, they went to the place of occurrence and
Patna High Court Cr.Misc. No.25440 of 2017 (3) dt.03-07-2017 2/3 found that one person seeing the police party started fleeing away, but he was apprehended and from his possession one country made pistol and two live cartridges were recovered. Accordingly, seizure-list was prepared.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case on the basis of suspicion. He submits that charge-sheet has already been submitted and considering the period of custody, sympathetic view may be taken.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that the as many as three criminal cases are pending against the petitioner, some under the Arms Act also.
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 Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 310 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner, who must have
Patna High Court Cr.Misc. No.25440 of 2017 (3) dt.03-07-2017 3/3 sufficient immovable properties within the territorial jurisdiction of the concerned P.S./ Court and shall file affidavit showing relation with the petitioner.
(Nilu Agrawal, J.) Arjun/- U T