Dharwa @ Dhiraj Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52168 of 2016 Arising Out of PS.Case No. -236 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Dharwa @ Dhiraj Mahaldar, Son of Mahesh Mahaldar, Resident of Village- Ogri, P.S.- Kahalgaon, District- Bhagalpur .... Petitioner

Versus

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

For the Petitioner : Mr. Shiwesh Chandra Mishra, Adv. For the Opposite Party : Mr. Shyam Bihari Singh, APP 173 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 25(1-b)a and 26 of the Arms Act. The petitioner was arrested by the people while he was attempting to commit theft in the house of the informant, subsequently a fire arm was produced before the police by informant, Bhikhan Yadav, which is said to be recovered from the possession of this petitioner. Submission is that nothing was recovered from the possession of the petitioner and he has been falsely implicated due to previous enmity. The petitioner is in custody since 17.07.2016.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kahalgaon P.S. Case No. 236 of 2016 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, or successor Court, with the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the Court below shall cancel the bail bond of the petitioner.

(Birendra Kumar, J) SA/- U √ T √