Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26025 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Deepak Kumar Son of Sri Bhola Sharma, resident of Sadar Gali Pakki Gauriya, P.S. Khajekalan, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the State : Mr. Pancha Nand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 17.02.2017 in a case registered for offences punishable under Sections 25 (1b) a/26/35 Arms Act. The prosecution case as lodged by the police personnel is that on a secret tip off that some criminals were roaming free, the police conducted a raid and arrested three persons including the petitioner. From the possession of the petitioner a total of 23 cartridges were recovered and accordingly, a seizure list was prepared.

Learned counsel for the petitioner submits that he is innocent bears no criminal history of a similar nature as there is only one case pending against him which is an old matter of the

Patna High Court Cr.Misc. No.26025 of 2017 (2) dt.05-07-2017 2/2 year 2006 and under different Sections of the I.P.C. It is further submitted that charge sheet has been submitted, hence there is no chance of tampering with the prosecution evidence. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- ( Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. No. 65 of 2017, subject to the conditions that one of the bailors would be a close relative of the petitioner and the other bailor would have sufficient immovable property within the jurisdiction of the concerned police station/Court who will file an affidavit stating his relationship with the petitioner and that the petitioner is directed to appear before the learned Court below on each and every date and failure to appear before the Court on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Sudha/- U T