Sachidanand Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52368 of 2016 Arising Out of PS.Case No. -170 Year- 2016 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Sachidanand Sinha Son of Late Satya Narayan Sinha, Residence of Village- Sinha Sadan, Sarari, P.S.- Shahpur, Dist.- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 15.09.2016 in connection with Dulhin Bazar P. S. Case No. 170 of 2016 registered for the offence punishable under Sections 25 (1-b) a and 26/35 of the Arms Act.

The prosecution case as lodged by the police personnel is that during checking of vehicle, the police caught a car in which two persons were apprehended and after search a foreign pistol 7 .65 mm was recovered from the possession of the petitioner and from the pocket of other accused, namely, Vicki Kumar, a mobile was recovered.

It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He further submits that the petitioner has no

Patna High Court Cr.Misc. No.52368 of 2016 (2) dt.16-12-2016 2/2 criminal history and that charge sheet has already been submitted against the petitioner.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- III, Danapur in connection with Dulhin Bazar P. S. Case No. 170 of 2016 with a condition 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 and the petitioner is directed to appear before the learned Court below on each and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bond. (Nilu Agrawal, J) Sudha/- U T