Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52293 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -HATHIDAH District- PATNA ======================================================
1. Rupesh Kumar, Son of Vakil Kumar Singh, Resident of MohallaPachmahla, P.S.- Maranchi, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted under Sections 25(1-b)a, 26, 35 of the Arms Act and 37(ga) of Bihar Prohibition and Excise Amendment Act, 2016.
It is alleged that one country made pistol along with two live cartridges is said to have been recovered from the possession of the petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one
Patna High Court Cr.Misc. No.52293 of 2017 (2) dt.15-12-2017 2/2 country made pistol along with two live cartridges were recovered from the possession of the petitioner. There is no compliance of section 100 of the Cr.P.C.
On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 Special Judge (Excise Act), Patna, in connection with Special Case No. 3544/2017, arising out of Hathidah P.S. Case No.39/2017. (Sudhir Singh, J) Amit/- U T