Dharmendra Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57208 of 2017 Arising Out of PS.Case No. -204 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Dharmendra Sada S/o Jagdish Sada, R/o Village- Shumbha Gajighat, P.S.- Alouli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Alouli P.S. Case No.204 of 2017 corresponding to G.R. No.1895 of 2017 registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

This case has been registered on the written report of one Harendra Rai, S.I. of Alouli P.S. It is alleged that in course of patrolling he apprehended this petitioner and from his possession a country made pistol and four live cartridges were recovered. The petitioner has denied the allegation of recovery and submitted that due to local party politics the police has implicated the petitioner with false and frivolous allegation after planting firearms. The

Patna High Court Cr.Misc. No.57208 of 2017 (2) dt.13-12-2017 petitioner is in custody since 30.06.2017 having clean antecedent. The learned A.P.P. for the Sate opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria in connection with Alouli P.S. Case No.204 of 2017 corresponding to G.R. No.1895 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U