Patna High CourtCR. MISC./26350/2017bail granted

Mantu Ram v. The State Of Bihar

2017-07-05Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26350 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Mantu Ram Son of Late Balmiki Ram, Resident of Village- Sahara, P.S.- Korma, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed. Rizwanul Haque For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2017 The petitioner seeks regular bail in connection with Sheikhpura (Kusumbha) P.S. Case No. 23/17, registered for offences punishable under Section 25(1-b)a/26(ii)/35 of the Arms Act.

Allegation against the petitioner is of recovery of two live cartridges.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and though there is allegation of recovery of two live cartridges, however, he has sufficiently been punished for the said offence as he has been in judicial custody since 24.01.2017 and other co-accused persons have already been granted bail by this Court vide order dated10.05.2017 passed in Criminal Miscellaneous No. 19377 of

Patna High Court Cr.Misc. No.26350 of 2017 (4) dt.05-07-2017 2/3 2017 and vide order 07.06.2017 passed in Criminal Miscellaneous No. 22324 of 2017.

Heard learned A.P.P. also.

Having heard both sides, from perusal of the record, it appears that the petitioner is accused in two other cases, however, in this case recovery is of two cartridges and he has remained in judicial custody for more than five months and other accused persons have already been granted bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Sheikhpura, in connection with Sheikhpura (Kusumba) P.S. Case No. 23 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event

Patna High Court Cr.Misc. No.26350 of 2017 (4) dt.05-07-2017 3/3 of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T