Patna High CourtCR. MISC./58083/2017allowed

Harendra Kushwaha v. The State Of Bihar

2018-01-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58083 of 2017 Arising Out of PS.Case No. -421 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Harendra Kushwaha, S/o Late Ramanand Kushwaha, resident of VillageShrinagar, P.S.- Mairwa, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Siwan Mufassil P.S. Case No. 421 of 2017, a case under Sections 25(1b)a, 26, 35 of the Arms Act. The police is informant of this case. On 07.09.2017, the petitioner had filed his attendance in S.T. No. 527 of 2016, vide Annexure-2 series. On the same day, the petitioner filed a petition before the same Court that the police has lifted the petitioner from the Court Campus hence, representation under Section 317 Cr.P.C. is being filed. Thereafter, the involvement of the petitioner is alleged in the occurrence dated 08.09.2017.

Learned counsel for the petitioner has submitted that the

Patna High Court Cr.Misc. No.58083 of 2017 (3) dt.08-01-2018 2/2 entire F.I.R. is due to police atrocity. The petitioner has been falsely implicated in this case and he is in custody since 09.09.2017.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Siwan Muffasil Police Station Case No. 421 of 2017 with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) sushma/- U T