Shivji Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24651 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== Shivji Sah, aged about 27 years, Male, Son of Late Yogendra Sah, Resident of village- Parsauniya, Police Station- Rajepur, District- East Champaran. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s :
Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
Petitioner is said to have been caught along with two others and from possession of the petitioner one country made loaded katta and one mobile phone are said to have been recovered.
Submission on behalf of the petitioner is that the first information report goes to show that petitioner was caught on 13.01.2019 at about 8:05 A.M. but the impugned order goes to show that he was produced before the court on 16.01.2019
Patna High Court CR. MISC. No.24651 of 2019(2) dt.18-04-2019 2/2 though the first information report was placed before the concerned Magistrate on 15.01.2019. He further submits that as a matter of fact, petitioner was arrested from his house and nothing was recovered from his conscious possession. He also submits that petitioner does not have any criminal antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, let 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 Sub-divisional Judicial Magistrate (West), Muzaffarpur in connection with Motipur P.S. Case No. 21 of 2019.
(Hemant Kumar Srivastava, J) shahzad/- U T