Bablu Kumar @ Bablu Yadav @ Bablu Kumar Yadav @ Babu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19322 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Bablu Kumar @ Bablu Yadav @ Bablu Kumar Yadav @ Babu Kumar Yadav, Son of Upendra Yadav, resident of Village- Karanchi, P.S. Bithan, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 05-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bithan P.S. Case No.124 of 2015 registered under Sections 25(1-B)A and 26 of the Arms Act.

The accusation is that the police on receiving secret information reached at village-Sihma where the petitioner was said to be apprehended by the police having a country made loaded pistol and one mobile.

Learned counsel appearing on behalf of the petitioner submits that while the petitioner is said to be apprehended by the police at the door of his maternal uncle's house in the village-

Patna High Court Cr.Misc. No.19322 of 2016 (2) dt.05-05-2016 2/2 Sihma but the seizure list would indicate that both the seizure list witnesses, namely, Dharmendra Mahto and Brajesh Kumar Singh, belong to the other village and not to the P.O. village, which is itself suffice to show the false implication of the petitioner in the present case. While the petitioner in accused in five cases, as detailed in paragraph-3 of the petition, but out of the aforesaid five cases, in four cases, the petitioner is on bail. The petitioner is in custody since 22.10.2015 in the present case. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Vikas Jha, Judicial Magistrate, First Class, Rosera, in connection with Bithan P.S. Case No.124 of 2015. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T