Patna High CourtCR. MISC./29865/2015bail granted

Bharat Prasad v. The State Of Bihar

2015-07-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29865 of 2015 Arising Out of PS.Case No. -414 Year- 2015 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Bharat Prasad Son of Satya Narain Prasad Sah resident of village - Lichi Bagan Bhawdevpur, Ward No. 23, Sitamarhi, P.S. Sitamarhi, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. M.Rab(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 04.06.2015 in a case registered for the offences punishable under Section 25(1-B)a, 26, 35 of the Arms Act. It is alleged that from the servant quarter of the petitioner one carbine and two empty cartridges along with 31 cartridges were recovered, whereas from Brajesh Kumar Pathak, the domestic help of the petitioner one loaded pistol with five cartridges and from other domestic help Jitendra Sah one country made loaded pistol and one live cartridge were recovered.

Learned counsel for the petitioner submits that the recoveries have been made either from the servant

Patna High Court Cr.Misc. No.29865 of 2015 (2) dt.21-07-2015 quarter, which is outside the main house of the petitioner or from the possession of the domestic helps of the petitioner. It is further submitted that the petitioner is aged person and investigation has already concluded.

Considering the fact that recoveries have not been made from the possession of the petitioner, let the above named petitioner, 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 Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 414 of 2015.

(Dinesh Kumar Singh, J) P.K./- U T