Subhash Saw @ Subhash Sao @ Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38992 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -KHAIRA District- JAMUI ======================================================
1. Subhash Saw @ Subhash Sao @ Subhash Kumar S/o Hari Sao Resident of Village Nariyana, P.S. Khaira, District Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. G.S. Gupta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms act.
Prosecution case is that while three persons were traveling on two motorcycles, the police intercepted them and apprehended co-accused Parves Sah, from his possession one country made loaded pistol was recovered, who disclosed the name of the escaped accused as the petitioner and other persons as Amarjit Paswan. It is submitted by the learned counsel for the petitioner that recovery has not been made from the petitioner. Statement has been made in para-3 of the petition that
Patna High Court Cr.Misc. No.38992 of 2015 (2) dt.01-10-2015 petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Sanjay Kumar, Judicial Magistrate, Ist Class, Jamui in connection with Khaira P.S. Case No. 102 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
The bail bond of the petitioner shall be accepted by the learned court below on filing affidavit to the effect that he will cooperate during investigation. The said affidavit will be transmitted to the concerned I.O. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bond of the petitioner.
(Dinesh Kumar Singh, J) P.K./- U T