Lalbabu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41912 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lalbabu Sah Son of Basdeo Sah Resident of Village -(Chawk Bazar) Kaswa, Mehsi P.S- Mehsi Distt- East Champran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Pandey, Advocate For the Opposite Party : Mr. Sri Satya Nand Shukla (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Mehsi P.S. Case No. 61 of 2016 registered for the offences punishable under Sections 414 of the Indian Penal Code and section 25(1b)a/26(2)/35 of the Arms Act. Allegedly, three motorcycle borne criminals after seeing the police party started fleeing away, but after chase two were caught including the petitioner and co-accused Munna Mahato @ Munna Kumar whereas other succeeded in fleeing away and after search from possession of the petitioner one cartridge and one key were recovered, regarding seized motorcycle, it has come in para 51 of the case diary that the said

Patna High Court Cr.Misc. No.41912 of 2016 (3) dt.25-10-2016 2/2 motorcycle was being used by co-accused Bhageshwar Kumar. Munna Mahato @ Munna Kumar has already been allowed bail by another co-ordinate Bench of this Court, but after competition of six months of custody, as from his possession arms was recovered. Learned A.P.P. submits that from possession of the petitioner one cartridge and one key were recovered. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M., East Champaran at Motihari, in connection with Mehsi P.S. Case No.

61 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T