Patna High CourtCR. MISC./42172/2016bail granted

Bhola Kumar v. The State Of Bihar

2016-10-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42172 of 2016 Arising Out of PS.Case No. -309 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Bhola Kumar Son of Krishna Sharma @ Ram Balak Sharma Resident of Village- Noama, Police Station- Shakurabad, District Jehanabad. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jehanabad P.S. Case No. 309 of 2016 registered for the offences punishable under Sections 25(1-b) 2/26/35 of the Arms Act. Allegedly, the petitioner and other co-accused were apprehended whereas one co-accused succeeded in fleeing away and from their possession one black colour bag was recovered containing country made carbine.

Submission is of false implication and that the petitioner is a student of I.Sc. first year, he has got no criminal antecedent, nothing has been recovered from his possession, it has not come that in whose bag it was and, as such, the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.42172 of 2016 (2) dt.25-10-2016 2/2 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M, Jehanabad in connection with Jehanabad P.S. Case No. 309 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) siddharth/- U T