Patna High CourtCR. MISC./42298/2017bail granted

Bipin Kumar @ Vipin Kumar @ Vipul Kumar Sharma v. The State Of Bihar

2017-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42298 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ====================================================== Bipin Kumar @ Vipin Kumar @ Vipul Kumar Sharma, S/O Sri Nawal Kishore Sharma, R/V- Haripur Krishna, P.S. Sakara in the district of Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 22.04.2017 in connection with Sakara P.S. Case No. 127/2017 registered for the offences instituted under Sections 414 of the IPC, 25(1-b)a,26,35, 25(1-AA) and 25(1-AAA) of the Arms Act. The prosecution story, in brief, the police caught three persons and from possession of this petitioner, one country made pistol was recovered.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 22.04.2017. He has falsely been implicated in the present case due to mistake of fact. There is no allegation of tampering with the witnesses alleged

Patna High Court Cr.Misc. No.42298 of 2017 (2) dt.19-09-2017 2/2 against the petitioner. One country made pistol alongwith additional five cartridges are said to have been recovered from possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case. It is further submitted that the petitioner may be released after completion of seven months in custody from 22.04.2017.

It has been submitted by learned counsel for the State that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of seven months in custody from 22.04.2017 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cum-Sub Judge-XIII, Muzaffarpur, in connection with Sakara P.S. Case No. 127/2017.

U.K./- (Sudhir Singh, J) U T