Bittu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27956 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27956 of 2017 Arising Out of PS.Case No. -426 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Bittu Kumar Son of Babu Lal Sharma, Resident of Village- Salepur, P.S. Habibpur, District- Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tarkeshwar Pd. Verma, Advocate For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 3.

06-07-2017 Heard learned counsel for the petitioner. No one appears on behalf of the State.

Petitioner, in the present case, is seeking regular bail in connection with Kishanganj P.S. Case No.- 426/2016 registered for the offence punishable under Sections 420, 467 and 468 of the Indian Penal Code and 25(1-A), (1-AA) 26/35 of the Arms Act.

Learned counsel for the petitioner refers the First Information Report and submit that so far as the present petitioner is concerned, from his possession two live cartridges of 9 MM Pistol were recovered. Submission is that no fire arm was recovered from the possession of this petitioner, the seizure has not been made in presence of any independent witness, however,

Patna High Court Cr.Misc. No.27956 of 2017 (3) dt.06-07-2017 the petitioner has no criminal history and is in jail since 10.09.2016.

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

Considering the facts and circumstances of the case and materials available on record, 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 Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No.-426/2016, subject to the condition as laid down under Section 437(3) of the Cr.P.C.

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