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Patna High CourtCR. MISC./1578/2018allowed

Chand Sah @ Md. Chand Shah v. The State Of Bihar

2018-02-09Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1578 of 2018 Arising Out of PS.Case No. -269 Year- 2017 Thana -SIRDALA District- NAWADA ======================================================

1. CHAND SAH @ Mohammad CHAND SHAH Son of late Bafari Shah, Resident of Village-Barosar, P.S. Sirdalla (Meskaur), District Nawadah. .... Petitioner

Versus

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

For the Petitioner : Mr. Abul Kalam, Adv. For the Opposite Party : Mr. Dr. Indiwar Kumari, APP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

This is a petition for grant of regular bail for offences under Sections 3, 4 and 5 of the Explosive Substances Act and 25(1-B)A and 26 of the Arms Act.

Allegation, in brief, is that two cane bombs, one country made rifle and cartridges were recovered from the campus of the house of the petitioner.

Submission is that recovery is not from the conscious possession or from inside the house. Even the Forensic Science Laboratory report indicates about the pistol whereas the allegation has been made of recovery of country made rifle and the petitioner has clean antecedent.

Considering the entire facts and circumstances,

Patna High Court Cr.Misc. No.1578 of 2018 (3) dt.09-02-2018 aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sirdala (Meskaur) P.S. Case No. 269 of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, V, Nawadah. (Arun Kumar, J) SA/- U