Shyam Sundar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19984 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== SHYAM SUNDAR DAS, S/o Satyanarayan Das. Resident of VillageGalimpur, P.S.- Rajepur, District- East Champaran (Motihari). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 15(1-b)a, 26/35 of the Arms Act. Petitioner is in custody since 14.01.2019. Petitioner has got no criminal antecedent.

Submission is that though the petitioner was apprehended on the spot along with others, however, nothing incriminating was recovered from his possession. The Police has planted that a mobile phone was recovered from the possession of the petitioner. Co-accused, Shivji Sah from whose possession firearm was recovered has already been allowed bail by a coordinate Bench of this Court in Criminal Miscellaneous

Patna High Court CR. MISC. No.19984 of 2019(2) dt.01-05-2019 2/2 No.24651 of 2019.

Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Motipur Police Station Case No.21 of 2019, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T