Patna High CourtCR. MISC./54987/2016bail granted

Shatrughan Goswami v. The State Of Bihar

2016-12-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54987 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -BALIA District- BEGUSARAI ======================================================

1. Shatrughan Goswami, S/o Nankilal Goswami, Resident of VillageChhoti Ballia, Mansoorchak, P.S.- Balia, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Gopesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The application is for grant of bail for the offence under Sections 25(1-B)A and 26 of the Arms Act. Allegation against the petitioner is of recovery of one loaded pistol from his possession.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and as a matter of fact there is no recovery from the possession of the petitioner and the petitioner has no criminal antecedent. It has also been submitted that the petitioner has remained in custody for about six months and the chargesheet has already been submitted in this case. As such, there is no chance of tampering with the evidence.

Patna High Court Cr.Misc. No.54987 of 2016 (2) dt.22-12-2016 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that the petitioner is in custody for sufficient period and he has clean antecedent, let petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai in connection with Balia P.S. Case No. 135 of 2016, subject to the condition that he will co-operate with the investigation and will present himself as and when required by the Police or Court as the case may be.

(Vinod Kumar Sinha, J) Vats/- U T