Sonelal Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17670 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17670 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sonelal Kumar, S/o Nagina Sah @ Nageena Sah, Vill- Pokhariya Rai, P.S.- Chanpatia, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioner apprehends his arrest in Chanpatia P.S. Case No.50 of 2018 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The informant, a police officer alleged that he saw 4-5 persons standing near the branch of Bank but seeing the police they started fleeing away. On chase, one Rakesh Kumar was apprehended and he disclosed the name of the petitioner and others. From the possession of Rakesh Kumar, arms and ammunitions were recovered.

The learned counsel for the petitioner submits that house of the petitioner is situated just 100 yards away from the

Patna High Court Cr.Misc. No.17670 of 2018 (2) dt.05-04-2018 place of occurrence. There is nothing on record to show that the petitioner was accompanying Rakesh Kumar. The petitioner has no criminal antecedent. Nothing has been recovered from the house of the petitioner.

Considering the facts aforesaid, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No.50 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T