Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51957 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -CHAUSA District- MADHEPURA ====================================================== Niwas Kumar, Son of Rajendra Singh, resident of village - Gangapur, Doctor Tola, P.S.-Chausa (Fulaut), District-Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Binod Kumar 2, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chausa (Fulaut) P.S. Case No. 63 of 2017 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

One country made Jarsi Musket is said to have been recovered from the possession of the petitioner while one live cartridge from possession of his accomplice Pappu Singh during the course of vehicle checking.

It is submitted by learned counsel for the petitioner that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. Though the country made Jarsi Musket is said to have been recovered from his

Patna High Court Cr.Misc. No.51957 of 2017 (2) dt.01-11-2017 2/2 possession, but without any cartridge the said arm is ineffective. He has no criminal antecedent. He has been languishing in custody since 14.03.2017. The said Pappu Sigh has been enlarged on bail by learned lower court. Earlier bail prayer of the petitioner was rejected by this court vide order dated 16.08.2017 passed in Cr. Misc. No. 38232 of 2017 with liberty to renew the same after framing of charge and now the charge in the case has been framed against the petitioner on 01.09.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa (Fulaut) P.S. Case No. 63 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T