Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48013 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -BHAIRABASHTHAN District- MADHUBANI ====================================================== Rajesh Kumar Sah Son of Late Deo Narayan Sah, Resident of VillageNavtoli, P.S.- Laukahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-11-2016 Heard Mr. Kamat for the petitioner and Mr. Dayal, learned APP for the State.

The petitioner prays for bail in Bhairavasthan P.S. Case No. 66 of 2016 registered under sections 25(1-B) A, 26/35 of the Arms Act.

The A.S.I. is the informant. It is alleged that on a tip-off a vehicle moving on the road was intercepted for search. The occupants tried to flee away. A chase was offered and six accuseds were arrested. From the person/possession of this petitioner and two others, live cartridges are said to have been recovered.

It is submitted that co-accused Chandra Gupta who is similarly situated has since been granted bail by this Court vide

Patna High Court Cr.Misc. No.48013 of 2016 (2) dt.24-11-2016 2/2 order dated 06.10.2016 (Annexure-2). Two other accused persons from whose possession only cartridges were recovered have also been released on bail vide order dated 24.10.2016 passed in Cr. Misc. No. 45879 of 2016. The petitioner having no criminal antecedents is in custody since 26.06.2016.

In the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Jhanjharpur, Madhubani in Bhairavasthan P.S. Case No. 66 of 2016 (G. R. No. 1002 of 2016) on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T