Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54489 of 2017 Arising Out of PS. Case No.-362 Year-2017 Thana- PHULWARI District- Patna ====================================================== Sonu Kumar, Son of shiv Kumar Sharma, Resident of Village- Banmanpura, P.S. Phulwarisharif, (Janipur) District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mrs. PRONATI SINGH, A.P.P.
====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 307, 353, 504/34 of the Indian Penal Code, Sections 25 (1-b)a/26/35 of the Arms Act and Section 37(c) of Bihar Prohibition and Excise Act, 2016. It is contended that, as per allegation, when the petitioner was apprehended in drunken stage, he tried to fire upon the police but somehow pistol could not fire and allegedly one pistol and one cartridge were recovered from his possession. It is urged that the petitioner has remained in custody since 14.06.2017, i.e., for more than five months. It is claimed that his antecedent is clean.
Considering the facts and circumstances of the case, the
Patna High Court Cr.Misc. No.54489 of 2017(2) dt.23-11-2017 2/2 petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Special Case No.2756/2017 arising out of Phulwari (Janipur) P.S. Case No.362/2017 with a condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.
Further condition that one of the bailors shall be the father of the petitioner.
However, at the time of accepting bail bonds, the court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application, i.e., 10.11.2017 then he would not be released.
(Dr. Ravi Ranjan, J) V.K.Pandey/- U T