Patna High CourtCR. MISC./78759/2018bail granted

Raj Kumar And ANR v. The State Of Bihar

2019-01-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78759 of 2018 Arising Out of PS. Case No.-206 Year-2018 Thana- CHOUTARWA District- West Champaran ======================================================

1. Raj Kumar, S/o Manish Prasad R/o Village-Basantpur,

2. Munna Kumar Pal S/o Binod Prasad Pal Both are R/o Village-Basantpur, Bherhari Tola both are P.S. -Sathi, Dist-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-01-2019 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 25(1-b) a, 26 and 35 of the Arms Act.

One country-made Katta and one live cartridge were recovered from the possession of the petitioner No. 1, whereas two live cartridges were recovered from the possession of petitioner No. 2.

Petitioners are in jail custody since 8.9.2018 and paragraph 3 of the bail petition goes to show that petitioners do have criminal antecedents of two cases registered under Section 394 of the Indian Penal Code. However, it is submitted that petitioners were caught by the police on 6.9.2018 and,

Patna High Court Cr.Misc. No.78759 of 2018(2) dt.18-01-2019 2/2 subsequently, they were implicated in the above stated two cases, which had been lodged for the offence punishable under Section 394 of the Indian Penal Code against unknown persons. Considering the aforesaid facts and circumstances as well as submissions of the parties, and also taking note of the fact that the petitioners do not have any criminal antecedents, 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 learned Addl. Chief Judicial Magistrate-I, Bagaha, West Champaran, in connection with Chautarwa P.S. Case No. 206/2018.

(Hemant Kumar Srivastava, J) Spd/- U T