Sudhir Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 40589 of 2016 Arising Out of PS.Case No. -128 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Sudhir Pandey, Son of Late Barmeshwar Pandey, Resident of VillageKhopira, P.S. Pawna, District- Bhojpur.

2. Gyani Ram, Son of Sribadan Ram, Resident of Village- Belaur, P.S.- Udwant Nagar, District- Bhojpur.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Narayan Rai For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

04-10-2016 Heard Sri Amrendra Narayan Rai, learned counsel for the petitioners and Sri Anil Kumar, learned Addl. Public Prosecutor.

Two petitioners, who are in custody since 06-03-2016 in Udwant Nagar P.S. Case No. 128 of 2016 registered for offence under Sections 25(1-b)A, 26(i), 26(ii), 35 of the Arms Act, 1959, has prayed for grant of bail.

It was submitted by learned counsel for petitioners that petitioners are having clean antecedent and this fact has been stated in paragraph - 3 of the petition. He submits that on false accusation of recovery of arms, petitioners have been arrested and they are lying in jail.

Patna High Court Cr.Misc. No.40589 of 2016 (2) dt.04-10-2016 2/2 Learned Addl. Public Prosecutor opposing the prayer submits that from petitioner no. 1, one loaded rifle and several cartridges were recovered and from petitioner no. 2, one loaded country-made pistol and few cartridges were recovered. Keeping in view the nature of accusation, period of custody and clean antecedent, which fact has been stated in paragraph -3 of the petition, let both the petitioners namely Sudhir Pandey and Gyani Ram be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 128 of 2016.

(Rakesh Kumar, J.) Anay U T