Nand Lal Prasad @ Nand Lal Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20318 of 2019 Arising Out of PS. Case No.-119 Year-1993 Thana- BAGHA District- West Champaran ====================================================== NAND LAL PRASAD @ NAND LAL GOND, aged about 54 years (M), S/o Late Ramchandra Gond, Resident of Village- Bathawariya Tola Birti, P.S.- Bathawariya, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gauri Shankar Thakur, Advocate.

For the Opposite Party :

Mr.Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.02.2019 in a case for the offence registered under Sections 25(1-b) a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that one loaded country made pistol alongwith four live cartridges is alleged to have been recovered from possession of the petitioner. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is case of misuse of bail. One loaded country made pistol alongwith four live

Patna High Court CR. MISC. No.20318 of 2019(3) dt.12-04-2019 2/2 cartridges is alleged to have been recovered from possession of the petitioner. There is no compliance of Section 100 Cr. P.C. The petitioner further undertakes that he will appear on each and every date fixed by the learned court below. It is further submitted that the petitioner may be released on bail after completion of six months in custody.

On behalf of the learned counsel for 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 after completion of six months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Bagaha, West Champaran, in connection with Tr. No. 2839 of 2018, arising out of Bagaha P.S. Case No. 119 of 1993.

If the petitioner fails to appear on each and every date fixed by the learned court below, the learned court below will be at liberty to cancel the bail bond of the petitioner. (Sudhir Singh, J) U.K./- U T