Kamlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66803 of 2018 Arising Out of PS. Case No.-241 Year-2017 Thana- BENIPATTI District- Madhubani ====================================================== Kamlesh Kumar, Son of Ram Sewak Mahto, Resident of Village- Kansar, P.S.- Belsand, District- Sitamarhi.
... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashhar Mustafa For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2018 Petitioner prays for bail in connection with Benipatti P.S.Case No. 241 of 2017 registered for the offences punishable under Sections 25(1)(a)(b), 26(ii), 35 of the Arms Act and Section 37(b)(c) of Bihar Prohibition and Excise Act. Allegation is of recovery of pistol and cartridges from the petitioner and allegation of recovery of pistol, cartridges and liquor from other accused persons and it appears that petitioner is accused in other cases.
Submission of learned counsel for the petitioner is that similarly situated co-accused having recovery of pistol have been granted bail vide order dated 9.3.2018 in Cr.Misc.No. 13749 of 2018, vide order dated 28.2.2018 in Cr.Misc.No. 11721 of 2018 and vide order dated 18.6.2018 in Cr.Misc.No. 30643 of 2018 and though he is accused in other cases but he is
Patna High Court Cr.Misc. No.66803 of 2018(2) dt.27-11-2018 2/2 on bail in most of the cases and in this case he is in custody since 30.10.2017.
Heard learned APP also.
Having heard both sides and in the facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Madhubani, in connection with Benipatti P.S.Case No. 241 of 2017, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J) spal/- U T