Patna High CourtCR. MISC./43670/2018bail granted

Dilip Kumar Kushwaha v. The State Of Bihar

2018-07-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.43670 of 2018 (2) dt.23-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43670 of 2018 Arising Out of PS.Case No. -77 Year- 2018 Thana -JALALPUR District- SARAN ======================================================

1. Dilip Kumar Kushwaha Son of Ashok Prasad @ Ashok Kumar Prasad Resident of Village Noor Nagar, P.S. Jalalpur, District Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the State Mr. Anant Kumar For the informant Mr. Sharda Nand Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23.07.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner seeks bail in a case registered under sections 399, 402 of the IPC and sections 25(I-b)a, 26, 35 of the Arms Act.

Petitioner is said to be arrested along with others while he had assembled to make preparation for committing dacoity but first information report goes to show that no arm was recovered from the conscious possession of the petitioner, though firearms are said to have been recovered from the possession of other accused.

Patna High Court Cr.Misc. No.43670 of 2018 (2) dt.23-07-2018 Para 3 of the petition goes to show that prior to institution of the present case, the petitioner was not accused in any criminal case but after registration of this case, the petitioner was made accused in Baniyapur P.S. Case no. 63/2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate IX, Saran at Chapra in Jalalpur P.S. Case no. 77/2018.

shahid (Hemant Kumar Srivastava,J) U T