Kishore Pathak @ Kallu Pathak @ Kishore Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22064 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Kishore Pathak @ Kallu Pathak @ Kishore Kumar Pathak Son of Late Dayanand Pathak, Resident of Village- Asinchak, P.S. Dalsingsarai, District- Samastipur, PIN- 848114 .... Petitioner

Versus

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

For the Petitioner : Mr. Anirudh Kumar Sinha, Adv. For the Opposite Party : Mr. Dinesh Singh, APP 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-07-2017 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 and 26 of the Arms Act. Dalsingsarai P.S. Case No. 431 of 2016 was registered on the report of the Branch Manager of Bank of Baroda Branch, Hari Shankarpur Branch, alleging therein that an attempt to commit dacoity in the said branch was made by unknown persons.

During investigation, on the confessional statement of co-accused, Shivam Kumar Choudhary name of the petitioner transpired and considering the fact that only material against the petitioner was confessional statement of co-accused, the petitioner was granted bail in Cr. Misc. No. 21845 of 2017 by a coordinate Bench of this Court.

It is worth to mention that in that very case, the petitioner was apprehended by the police and from the possession of this petitioner a loaded country made pistol and cartridge was recovered. Thereafter, the present separate case has been

Patna High Court Cr.Misc. No.22064 of 2017 (4) dt.11-07-2017 2/2 registered under the provisions of Arms Act.

Submission of the learned counsel for the petitioner is that the petitioner has stated on oath that he has got no criminal antecedent and is in custody since 28.12.2016. Considering the entire facts and circumstances, aforesaid, let the petitioner, above named, be released on bail, on completion of nine months in custody, on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with Dalsingsarai (Samastipur) P.S. Case No. 433 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur, or successor Court.

(Birendra Kumar, J) SA/- U √ T √