Patna High CourtCR. MISC./65766/2018bail granted

Bala Mishra v. The State Of Bihar

2018-10-31Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65766 of 2018 Arising Out of PS. Case No.-43 Year-2017 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Bala Mishra Son of Anil Mishra Resident of Village-Lorika,P.S. Benipatti,Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh For the Opposite Party/s :

Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bhairavasthan P.S. Case No. 43 of 2017 registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.

Allegation against petitioner is of recovery of one country made pistol and one live cartridge from his possession alongwith Rs. 320 from his pocket.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case by the police. Petitioner is in custody since 18.05.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.65766 of 2018(2) dt.31-10-2018 2/2 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Madhubani, in connection with Bhairavasthan P.S. Case No. 43 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T