Patna High CourtCR. MISC./53534/2016bail granted

Prem Chand Kumar v. The State Of Bihar

2017-01-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53534 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -ARWAL District- JEHANABAD ====================================================== Prem Chand Kumar, Son of Chandeshwar Singh, Resident of VillageBarauhna, P.S.- Sakurabad, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Thakur, Advocate and Mrs. Babita Kumari, Advocate.

For the Opposite Party : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 13.08.2016 in connection with Arwal P.S. Case No. 148 of 2016 for the offences instituted under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that the informant stopped the vehicle of the petitioner and recovered one loaded country made pistol, four live cartridges, cash of Rs. 58,000/- and two mobile sets from his possession.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.08.2016 and the charge sheet has

Patna High Court Cr.Misc. No.53534 of 2016 (2) dt.10-01-2017 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. One country made pistol, four live cartridges, cash Rs. 58,000/- and two mobile sets are said to have been recovered from possession of the petitioner. No compliance of Section 100 Cr. P.C. has been made in the present case. It is further submitted that the petitioner may be released on bail after completion of six months in custody from 13.08.2016.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 13.08.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Arwal, in connection with Arwal P.S. Case No. 148 of 2016.

U.K./- (Sudhir Singh, J) U T