Patna High CourtCR. MISC./28594/2016bail granted

Ashwini Kumar v. The State Of Bihar

2016-07-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28594 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Ashwini Kumar Son of Sudhansu Yadav, Resident of village- Naya Tola, Jurabganj, P.S.- Kordha, District- Katihar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uma Shankar Prasad Singh, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 25(1-b)a 26 and 35 of the Arms Act.

Petitioner and co-accused Hanis Kumar were caught by the villagers while they were trying to flee after snatching Rs.2,00,000/- and odd kept in a bag from one Sanjay Yadav and subsequently, they were handed over to police. The police searched the petitioner and other accused and it is said that one country made loaded pistol and one mobile were recovered from conscious possession of the petitioner. For recovery of fire arm, present case was lodged for the offences of Arms Act whereas for snatching of the money, a separate case was registered.

Patna High Court Cr.Misc. No.28594 of 2016 (2) dt.18-07-2016 2/2 Learned counsel for the petitioner submits that except the present case as well as the case registered for so-called loot, petitioner does not have any criminal antecedent and as a matter of fact, nothing was recovered from conscious possession of the petitioner and he was caught on mere suspicion. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in connection with Jehanabad P.S. Case No.116 of 2016.

(Hemant Kumar Srivastava, J) N.H./- U T