Patna High CourtCR. MISC./27308/2019bail granted

Shashibhushan Kumar v. The State Of Bihar

2019-05-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27308 of 2019 Arising Out of PS. Case No.-306 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== SHASHIBHUSHAN KUMAR Son of Gulab Yadav Resident of VillageMadhepura Tola, Ward No.10, Bajraha, Police Station- Basnahi, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 414 of Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.

The prosecution case in short is that one loaded country made pistol along with one live cartridge is recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.12.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. One loaded country made pistol along with one live cartridge is

Patna High Court CR. MISC. No.27308 of 2019(3) dt.17-05-2019 2/2 said to have been recovered in this case. There is no compliance of Section 100 of 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 Judicial Magistrate, 1st Class, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 306 of 2018.

(Sudhir Singh, J) Pankaj/- U T