Patna High CourtCR. MISC./41831/2017bail granted

Gandhi Gupta v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41831 of 2017 Arising Out of PS.Case No. -405 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Gandhi Gupta Son of Raju Gupta, R/o Mohalla- Sirchand Nawada Infront of K.K.M. College, P.S. and District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jamui P.S.Case No.405 of 2016 , registered for offences punishable under Sections 25(1-b)a/26/35 of the Arms Act. Allegation against the petitioner is about recovery of one country-made pistol.

Submission of the learned counsel for the petitioner is that F.I.R. itself shows that the petitioner was not present at the time of recovery and as a matter of fact he was in custody at that time. So far antecedent of the petitioner is concerned, he is accused in three other cases also. Now the petitioner is in custody since 20.1.2017 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41831 of 2017 (2) dt.11-09-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamaui P.S.case No.405 of 2016 dated 31.12.2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T