Patna High CourtCR. MISC./14624/2019bail granted

Sunil Kumar v. The State Of Bihar

2019-03-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14624 of 2019 Arising Out of PS. Case No.-1172 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sunil Kumar, Son of Rajendra Mahto, Resident of Village-Sahbajpur, P.S.- Ahiyapur, District-Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Pandey For the Opposite Party/s :

Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 31.10.2018 in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case is that during patrolling, a secret information was received that some miscreants have gathered and planning to commit a dacoity. Whereupon, a raid was laid and from the possession of the petitioner, a country made pistol and a live cartridge were recovered.

It is submitted by learned counsel for the petitioner that investigation has already been concluded. A statement has been made in paragraph no. 3 of the petition that the petitioner

Patna High Court CR. MISC. No.14624 of 2019(2) dt.11-03-2019 2/2 is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the conscious physical possession of the petitioner.

Considering the fact that investigation has already been concluded, coupled with statement made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned CJM, Muzaffarpur in connection with Ahiyapur P.S. Case No.1172 of 2018.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T