Patna High CourtCR. MISC./37542/2016bail granted

Santosh Yadav v. The State Of Bihar

2016-09-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37542 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -PHULWARIA District- GOPALGANJ ======================================================

1. Santosh Yadav Son of Ramashankar Yadav R/o Village- Madarwani, P.S.- Phulwaria, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2016 Petitioner is permitted to make necessary correction in Para-3 of the petition within course of the day. 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 25(1-b)a, 26 of the Arms Act. Earlier the prayer for bail of the petitioner was rejected by this court taking note of this fact that ten live cartridges had been recovered from his conscious possession but submission on behalf of the petitioner is that petitioner is in jail custody since 05.04.2016 and prior to institution of the present case, petitioner had been made accused in only one case i.e. Phulwaria P.S. Case No. 20 of 2016 and in the aforesaid case, he

Patna High Court Cr.Misc. No.37542 of 2016 (2) dt.28-09-2016 2/2 has already been granted privilege of bail by a co-ordinate Bench of this court vide order dated 13.07.2016 passed in Cr. Misc. No. 25243 of 2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioner in jail custody, 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 Additional Chief Judicial Magistrate-XIII, Gopalganj in connection with Phulwaria P.S. Case No. 30 of 2016. (Hemant Kumar Srivastava, J) SHAHZAD/- U T