Patna High CourtCR. MISC./20189/2017allowed

Rohit Kumar v. The State Of Bihar

2017-07-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20189 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -EAST COLONY District- MUNGER ====================================================== Rohit Kumar Son of Dharm Narayan Prasad, Resident of MohallaShadipur, Police Station- Kotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and the State. In this case, case diary was called for vide order dated 29.05.2017 and from perusal of the case diary, it appears that there is no specific evidence about involvement of the petitioner in actual trade of illegal arms.

Petitioner is in custody since 16.7.2016 in connection with East Colony P.S. Case No. 37 of 2016 for the offence under sections 25(1-A), (1-AA), (1-AC) and 26 (1)(II) of the Arms Act. From perusal of the FIR, it appears that petitioner was carrier of fire-arms for certain gangster. In paragraph-3 of the application there is statement on affidavit that petitioner has clean antecedent. Counsel for the petitioner submits that petitioner was

Patna High Court Cr.Misc. No.20189 of 2017 (4) dt.26-07-2017 2/2 involved in this case because he was carrying a bag containing fire-arms for payment.

Having regard to the fact that the petitioner is in custody since 16.7.2016 and the statement on affidavit that he has clean antecedent, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Munger or the concerned court in connection with East Colony P.S. Case No. 37 of 2016 on the condition that the petitioner will cooperate in the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T