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Patna High CourtCR. MISC./18893/2017allowed

Radhey Paswan And ANR v. The State Of Bihar

2017-06-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18893 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -MARKAHI District- KHAGARIA ======================================================

1. Radhey Paswan, Son of Late Bira Paswan,

2. Sanju Devi, Wife of Radhey Paswan, Both residents of Village- Khutha, Police Station- Morkahi, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-06-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Morkahi P.S. Case No. 07 of 2017 registered under Sections 25)1-B)A, 26, 35 of the Arms Act and 36 of the Bihar Excise (Amendment) Act.

Learned counsel appearing on behalf of the petitioners submits that nothing has been recovered from the possession of the petitioners. Further submission is that from the seizure list, as enclosed with F.I.R.( Annexure-1), it specifically appears that the recovery has been made from the house of one Raj Kishore Yadav and Annexure-2 series also do not support the involvement of the petitioners.

Patna High Court Cr.Misc. No.18893 of 2017 (2) dt.08-06-2017 2/2 Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Khagaria in connection with Morkahi P.S. Case No. 07 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T