Patna High CourtCR. MISC./995/2019bail granted

Amit Kumar @ Amit Kumar Yadav v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.995 of 2019 Arising Out of PS. Case No.-227 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Amit Kumar @ Amit Kumar Yadav S/o Shambhu Yadav @ Shambhu Pd. Yadav R/o-Gulabbag Bazar Samiti,P.S-Barh,Dist.-Patna. Parmanent AddressAt Garhi Bishanpur,P.O-Kiul R.S., P.SDistt.-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 467, 468, 471, 420, 34 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. The prosecution case in short is that petitioner's vehicle was recovered by the police party and country made carbine with one live cartridge was recovered. The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application with liberty to renew the prayer after a period of one year. Hence the present application is being filed.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.995 of 2019(4) dt.16-04-2019 2/2 the petitioner is in custody since 3.6.2017. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner is alleged to be owner of the vehicle in question from which one country made carbine along with cartridge is said to have been recovered. There is no compliance of Section 100 of the Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 227 of 2017.

(Sudhir Singh, J) Pankaj/- U T