Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26031 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Niranjan Kumar son of Sri Jaleshwar Yadav, resident of VillageMajhanpura, P.S.- Bikram, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is languishing in jail since 21.01.2017 in a case registered for offences punishable under Sections 399, 402 of the Indian Penal Code and 25 (1-b)a, 26 and 35 of Arms Act.

The prosecution case as lodged by S.H.O. of Danapur P.S. is that on the basis of a secret tip off, during patrolling duty police apprehended three motorcycles with six persons being rider including the petitioner and from the possession of the petitioner one loaded country made pistol along with one live cartridge and from the possession of other co-accused persons some arms and ammunitions were recovered. It is also alleged that the petitioner disclosed that they indulged in loot of the passersby.

Patna High Court Cr.Misc. No.26031 of 2017 (2) dt.05-07-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, has falsely been implicated in the aforesaid case and he bears no criminal antecedent, although after being arrested in the present case, another case has been lodged against him bearing Dulhin Bazar P.S.Case No. 36/2017. It has further been submitted that charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence and considering the period of custody, a sympathetic view may be taken.

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

Considering the facts and circumstances, let the petitioners, above named, be enlarged on bail on furnishing bail bonds 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- III, Danapur in connection with Dulhin Bazar P.S.Case No. 06/2017, subject to the condition that the petitioner will appear before the learned Court below during trial as and when required by the learned Court below and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Sudha/- U T