Patna High CourtCR. MISC./763/2018bail granted

Parasuram Chaudhary v. The State Of Bihar

2018-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.763 of 2018 Arising Out of PS.Case No. -295 Year- 2017 Thana -BARARI District- KATIHAR ======================================================

1. Parasuram Chaudhary S/o Ajadi Chaudhary, R/o Village- Bharauli, Kebin Tola, P.S.- Barari, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barari P.S.Case No. 295 of 2017 registered under Sections 25(1-B)(a), 26 and 37 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the allegations made in the FIR at best would attract the offence punishable under Section 37 and not under Sections 25(1-B)(a) and 26 of the Arms Act. He submitted that the offence punishable under Section 37 of the Arms Act being bailable in nature the petitioner deserves to be granted pre-arrest bail. Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioner.

Patna High Court Cr.Misc. No.763 of 2018 (2) dt.12-01-2018 2/2 Regard being had to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Katihar in connection with Barari P.S.Case No. 295 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T