Dashrath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43307 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -SALKHUA District- SAHARSA ====================================================== Dashrath Sah, Son of Late Setho Sah, Resident of Village-Jamal Nagar, P.S. Salkhua, District-Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-09-2017 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Salkhua (Banma Etahri O.P.) P.S.Case No. 67 of 2017 registered under Sections 307, 333, 353, 393/34 and 120B of the Indian penal Code and Sections 25(1-b)a, 26, 27, 29 and 35 of the Arms Act.

Allegation in brief is that on suspicion, police personnels apprehended one person from whom a country made pistol was recovered and two others fled away by firing. On interrogation, the apprehended accused disclosed that on the direction of Dasrath Sah (petitioner), they had come to purchase pistol. Submission is that at the time of alleged occurrence, the petitioner was in judicial custody and only allegation is that at his

Patna High Court Cr.Misc. No.43307 of 2017 (2) dt.21-09-2017 2/2 behest, the accused persons were to purchase country made pistol. Having considered the aforesaid facts and circumstances, the petitioner, namely , Dashrath Sah, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Saharsa in connection with Salkhua (Banma Etahri O.P.) P.S.Case No. 67 of 2017 with condition that the petitioner shall be present on each and every day before the trial court and failing to appear in two consecutive dates, without any sufficient ground, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U T