Bishwajit Ram @ Bishwajit Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.52632 of 2016 (2) dt.15-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52632 of 2016 Arising Out of PS.Case No. -377 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Bishwajit Ram @ Bishwajit Kumar, S/o Shri Krishna Ram, Resident of China Kothi, P.S.- Buddha Colony, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madheshwar Singh, Advocate For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 414 of the I.P.C. and Sections 25(1-b)a/26/35 of the Arms Act.

Accusation is that arms and ammunition and other articles have been recovered from the possession of the accused persons including the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.9.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Nothing incriminating is said to have been recovered from the possession of the petitioner. The arms are alleged to have been recovered

Patna High Court Cr.Misc. No.52632 of 2016 (2) dt.15-12-2016 from the possession of other co-accused. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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 A.C.J.M., Danapur, District Patna in connection with Danapur P.S. case No.377 of 2016.

(Sudhir Singh, J) Narendra/- U T