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Patna High CourtCR. MISC./60926/2018disposed

Chunnu Sharma @ Premjit Kumar And ANR v. The State Of Bihar

2018-10-11Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60926 of 2018 Arising Out of PS.Case No. -266 Year- 2018 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Chunnu Sharma @ Premjit Kumar, Son of Late Ramanuj Sharma, R/o Village- Kapsima.

2. Kundan Sharma, Son of Ramanuj Sharma, R/o Village- Dhaneshpur, Both P.S.- Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-10-2018 The petitioners are in custody since 23.05.2018 in connection with Hilsa P.S. Case No. 266 of 2018, registered for offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

Allegation is of recovery of one loaded country made pistol from the possession of the petitioners. Submission of learned counsel for the petitioners is that they have falsely been implicated in this case, though they have accused in one more case, but after arrest they have been made accused in this case and they are in custody since 23.05.2018.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.60926 of 2018 (2) dt.11-10-2018 2/3 Having heard both sides, in view of the facts and circumstances as stated above, this application is disposed of with a directed to the learned Trial Court that once the petitioners are completed six months period of custody, learned court concerned shall release the petitioners on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-Ist, Hilsa, in connection with Hilsa P.S. Case No. 266 of 2018, with following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is

Patna High Court Cr.Misc. No.60926 of 2018 (2) dt.11-10-2018 3/3 free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T