Patna High CourtCR. MISC./59470/2018bail granted

Sandesh Kumar v. The State Of Bihar

2018-09-28Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.59470 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59470 of 2018 Arising Out of PS.Case No. -196 Year- 2018 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Sandesh Kumar, S/o Late Nagendra Rai, Resident of Village- Pakahna, P.S- Baikunthpur, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 20.07.2018 in connection with Baikunthpur P.S. Case No. 196 of 2018 for the offence registered under Sections 414 of the Indian Penal Code and Section 25 (1-b)a, 26 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has been named in the first information report by the police on mere suspicion and the recovery which has been attributed to the present petitioner are wholly concocted and based on conjectures and surmises. It is further submitted that the recovery of the motorcycle was from outside the house of the petitioner, as it was said to have been parked there and the recoveries of live cartridges were from the attaché which was not belonging to the present petitioner and thus, cannot be said to be under the exclusive possession of the petitioner. It is further

Patna High Court Cr.Misc. No.59470 of 2018 (2) dt.28-09-2018 submitted that there is no material to implicate him in connection with the present case.

Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, 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 Judicial Magistrate, 1st Class, Gopalganj in connection with in connection with Baikunthpur P.S. Case NO. 196 of 2018.

(Anjana Mishra, J) Jagdish/- U T