Patna High CourtCR. MISC./32544/2017bail granted

Suchit Kumar v. The State Of Bihar

2017-07-20Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32544 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -MURLIGANJ District- MADHEPURA ====================================================== Suchit Kumar Son of Shambhu Yadav, Resident of Village Pokhram, P.S. Murliganj, District Madhepura.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party : Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is seeking regular bail in connection with Murliganj P.S. Case No. 55 of 2017, registered for the offence alleged under Sections 25 (1-b)A, 26 of Arms Act. Learned counsel for the petitioner submits that the allegation against the petitioner is that of recovery of a loaded country made pistol with four live cartridges and a motorcycle, however the seizure list does not show recovery of a motorcycle. Learned counsel further submits that the petitioner has been falsely implicated, he has no criminal history and is in custody since 06.03.2017. It is also submitted that the informant is a police officer who has lodged the First Information Report on his own

Patna High Court Cr.Misc. No.32544 of 2017 (2) dt.20-07-2017 2/2 statement without there being any independent witness and the seizure list has not been prepared in accordance with Section 100 Cr.P.C.

Learned APP opposed the prayer for bail.

Considering the facts that the petitioner has no criminal antecedent and the petitioner is in custody since 06.03.2017 and investigation is complete, let the petitioner, namely, Suchit Kumar be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 55 of 2017, subject to the conditions U/s 437(3) Cr.P.C. that one of the bailors should be the father of the petitioner. (Rajeev Ranjan Prasad, J.) ravi/- U T