Patna High CourtCR. MISC./29635/2016bail granted

Anjit Kumar @ Kukur v. The State Of Bihar

2016-07-26Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29635 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Anjit Kumar @ Kukur Son of Ram Pravesh Prasad resident of village - Wadrawad P.S. Akangar Sarai, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 401, 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. One country made loaded pistol is said to have been recovered from conscious possession of the petitioner when petitioner and others had assembled to make preparation for committing dacoity.

Submission on behalf of the petitioner is that nothing was recovered from conscious possession of the petitioner and as a matter of fact, petitioner was caught by the police on mere

Patna High Court Cr.Misc. No.29635 of 2016 (2) dt.26-07-2016 2/2 suspicion.

Para-3 of the petition goes to show that petitioner does not have any criminal antecedent but the impugned order reveals that petitioner had accepted before the police that he was involved in some other cases also.

Submission on behalf of the petitioner is that as a matter of fact, prior to institution of the present case, petitioner had not made accused in any other case.

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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Akangar Sarai P.S. Case No. 12 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T