Pawan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53763 of 2016 Arising Out of PS.Case No. -189 Year- 2016 Thana -KHUSRUPUR District- PATNA ======================================================

1. Pawan Kumar, Son of Vishwanath Prasad @ Bishu Prasad.

2. Dharambir Kumar, Son of Ram Narayan Singh. Both are residents of Village : Pachrukhia, Police Station : - Khushrupur, District : - Patna.

3. Sanjit Kumar, Son of Rudal Singh, resident of Village : - Hajipur, Police Station: Fatuha, District : - Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ashok Kumar, Advocate. For the Opposite Party : Mr. Satya Nand Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 07.10.2016 in connection with Khushrupur P.S. Case No. 189 of 2016 for the offences instituted under Sections 25(1-B) A and 26 of the Arms Act.

The prosecution story, in brief, is that the informant has recovered from possession of petitioner no. 1, one live cartridge and one mobile phone, from possession of petitioner no. 2, one live cartridge and from possession of petitioner no. 3, one live cartridge and one mobile phone.

Patna High Court Cr.Misc. No.53763 of 2016 (3) dt.10-01-2017 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 07.10.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioners. From possession of petitioner no. 1, one live cartridge and one mobile phone are said to have been recovered, from possession of petitioner no. 2, one live cartridge is said to have been recovered and from possession of petitioner no. 3, one live cartridge and one mobile phone are said to have been recovered. No compliance of Section 100 Cr. P.C. has been made in the present case. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J. M. Ist Class, Patna City, Patna, in connection with Khushrupur P.S. Case No. 189/2016.

U.K./- (Sudhir Singh, J) U T