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Patna High CourtCR. MISC./52283/2016bail granted

Chandeshwar Bhagat @ Chandeshwar Kushwaha v. The State Of Bihar

2017-01-11Mr. Justice Birendra Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52283 of 2016 Arising Out of PS.Case No. -121 Year- 2016 Thana -THAWE District- GOPALGANJ ======================================================

1. Chandeshwar Bhagat @ Chandeshwar Kushwaha Son of Bhoj Bhagat @ Bhoj Narayan Bhagat, Resident of Village- Pandit Ke Harpur, Police Station- Thawe, District- Gopalganj .... Petitioner

Versus

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

For the Petitioner : Mr. Rama Nand Poddar, Adv. For the Opposite Party : Mr. Amrendra Prasad, APP 77 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-01-2017 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, 26 and 35 of the Arms Act. The people apprehended the named accused person, including the petitioner, on suspicion that they were preparing to commit some crime.

Submission of the petitioner is that the petitioner has got no criminal antecedent and is in custody since 11.09.2016. Only a mobile phone was recovered from the possession of this petitioner and preparation to commit any crime other than the crimes referred in the Indian Penal Code, is not punishable. Considering the aforesaid fact, 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 Thawe P.S. Case No. 121 of 2016 to the satisfaction of the Chief Judicial Magistrate, Gopalganj, or successor Court.

(Birendra Kumar, J) SA/- U √ T √