Bitu Kumar @ Saurabh Kumar @ Suman Saurabh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30904 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -JADIA District- SUPAUL ======================================================
1. Bitu Kumar @ Saurabh Kumar @ Suman Saurabh son of Kabir Yadav resident of Village-Belachand , P.S.- Banmankhi, District-Purnia .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-B)A, 26, 35 of the Arms Act.
Petitioner is said to have been caught with looted motorcycle and on search one country made loaded katta was recovered from his conscious possession. The police lodged two cases. The present case was lodged for recovery of firearms and cartridges whereas another case i.e. Jadia P.S. Case No. 18 of 2016 was lodged for committing loot and recovery of looted motorcycle.
Submission on behalf of the petitioner is that
Patna High Court Cr.Misc. No.30904 of 2016 (2) dt.10-08-2016 2/2 petitioner is in jail custody since 28.02.2016 and before institution of the present case as well as Jadia P.S. Case No. 18 of 2016, petitioner had not been made accused in any other case. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the 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 Sri Kumar Krishnadeo, Judicial Magistrate, Supaul in connection with Jadia P.S. Case No. 17 of 2016.
However, it is made clear that grant of bail to the petitioner in the present case shall not affect the merit of Jadia P.S. Case No. 18 of 2016.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T