Chhotu @ Dhananjay v. The State Of Bihar

Patna High Court Cr.Misc. No.58251 of 2015 (2) dt.30-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58251 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Chhotu @ Dhananjay Son of Dinesh Kumar Gupta Resident of MohallaJawahar Tola, P.S.-Ara Nawada, District-Bhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Aditya Narayan Singh-1 For the Opposite Party/s : Mr. Nirmal Kr.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Ara Nawada P.S. Case No. 168 of 2015 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

Allegedly, the petitioner and other seven co-accused were apprehended when they were allegedly making plan to commit crime and after search from possession of the petitioner one country made katta loaded with .315 bore cartridge was recovered besides the recovery of firearm from other co-accused and other incriminating articles from the place of occurrence. Submission is of false implication and that nothing was recovered from conscious possession of the petitioner, he has been

Patna High Court Cr.Misc. No.58251 of 2015 (2) dt.30-01-2016 made victim of Police atrocity, earlier he was involved in two case but in one case he is on bail, the petitioner suffering in custody since 10.05.2015 has sufficiently been penalized to which learned APP does not oppose.

In the facts and circumstances stated above, considering the alleged recovery and period of detention of the petitioner, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 168 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T