Ram Baksh Shukla And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 52285 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -BALLIA District- BEGUSARAI ======================================================
1. Ram Baksh Shukla, son of Late Brij Lal Shukla, Resident of VillageGautampur, P.S. Jamu, Distt- Sultanpur (U.P.)
2. Pramod Manjhi son of Late Sukhdeo Manjhi R/o Village- Mirjapur, Wardha, Mushari Tola, P.S. Muffasil, District- Munger (Bihar). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Partyies ====================================================== Appearance :
For the Petitioner/s : Mr. Randhir Kumar No-1 For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
03-12-2015 Heard Sri Randhir Kumar, learned counsel for petitioners and Sri M.K.Khare, learned Addl. Public Prosecutor. Two petitioners, who are in custody since 23-02-2015 in Ballia P.S. Case No. 48 of 2015 registered for the offence under Sections 25(1-B)A, 26, 35 of the Arms Act, 1959, have prayed for grant of bail.
It was submitted by learned counsel for petitioners that though from the possession of both the petitioners, countrymade pistol was recovered, but without any cartridge. However, learned Addl. Public Prosecutor submits that U.S.A. make pistols were recovered. It was further submitted by learned counsel for petitioners that though petitioners are in custody since 23-02-2015,
Patna High Court Cr.Misc. No.52285 of 2015 (2) dt.03-12-2015 2/2 till date charge has not been framed.
Keeping in view the period of custody as well as the fact that till date charge has not been framed, let both the petitioners namely Ram Baksh Shukla and Pramod Manjhi be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/concerned court in connection with Ballia P.S. Case No. 48 of 2015 on condition that one of the bailor must be blood relation of petitioners and secondly, on each and every date during trial, both the petitioners shall remain physically present. If continuously on two dates, petitioners remain absent without prior permission of the trial court, their bail-bonds shall stand automatically cancelled.
(Rakesh Kumar, J.) Anay U T