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Patna High CourtCR. MISC./26322/2021allowed

Chunnu Sanghi @ Shankar Sharma @ Bablu Sanghi v. The State Of Bihar

2021-07-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26322 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== 1.

CHUNNU SANGHI @ SHANKAR SHARMA @ BABLU SANGHI SON OF LATE RAM ADHIKARI SHARMA @ BHUSHKHARI SANGHI RESIDENT OF VILLAGE- TULSIPUR, P.S. KHARIK, DISTRICTBHAGALPUR 2.

ANGAD MISTIRI SON OF DINESH MAHANTH @ DINESH MISTIRI RESIDENT OF VILLAGE- TULSIPUR, P.S. KHARIK, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2021 Heard learned counsel for the petitioners and the State. Petitioners seek regular bail in a case registered for the offence punishable under Section 25(1-b)a/26/35 of the Arms and under Section 37(b) (c) of the Bihar Prohibition & Excise Act. As per the prosecution case, one country made loaded pistol and four live cartridges were recovered from the possession of petitioner No.1 and two live cartridges were recovered from possession of petitioner No.2 and both the petitioners were in drunken stage.

Learned counsel appearing for the petitioners submits that petitioner are innocent and have falsely been implicated in the case. Petitioners are in custody since 12.10.2020 and investigation is complete.

Patna High Court CR. MISC. No.26322 of 2021(2) dt.29-07-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II-cum- Special Judge, Excise Act, Bhagalpur in connection with Kharik PS case No. 208/2020 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T