Kamlesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33508 of 2017 Arising Out of PS.Case No. -164 Year- 2016 Thana -PIPRA District- EASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Sah son of Sri Jagarnath Sah resident of village Ghanshyam Pakari P.S. Pipra District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 414 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. Counsel for the petitioner submits that he has been falsely implicated in this case. As per the seizure list one pistol has been recovered from his possession. He further submits that in fact it is a case of false implication at the instance of one Pankaj Tiwary and at his instance three cases have been lodged against the petitioner in relation to the same occurrence out of which in one case i.e. Pipra P.S. Case No. 163 of 2016 he has already been allowed bail vide order dated 13.07.2017 passed in Cr. Misc. No. 32401 of 2017. He further submits that the petitioner is in custody since 05.12.2016.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.33508 of 2017 (2) dt.20-07-2017 2/2 bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 12th Additional Chief Judicial Magistrate, Motihari in Trial No. 1805 of 2017 arising out of Pipra P.S. Case No. 164 of 2016.

(Madhuresh Prasad, J) Prakash/- U T