Makeshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26337 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Makeshwar Pandey, S/o Lakshmi Pandey, resident of Village- Kumar, P.S.- Sikandra, District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Saket Tiwary, Advocate. For the Opposite Party : Mr. R.B.Raman 'Raman', A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-10-2016 A supplementary affidavit has been filed on behalf of learned counsel for the petitioner. In light of supplementary affidavit, learned counsel for the petitioner is permitted to make necessary correction in paragraph no. 3 of the main bail application.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 03.03.2016 in connection with Khaira P.S. Case No. 40 of 2016 for the offences instituted under Sections 401, 420 of the IPC and 25(1b)a, 26(ii) and 35 of the Arms Act. It is alleged that on search by the police, illegal fire arms with live cartridges was recovered from possession of the

Patna High Court Cr.Misc. No.26337 of 2016 (4) dt.03-10-2016 2/2 petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.03.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. One loaded country made pistol is said to have been recovered from possession of the petitioner. There is no compliance of Section 100 Cr. P.C.

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 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., Jamui, in connection with Khaira P.S. Case No. 40 of 2016. U.K./- (Sudhir Singh, J) U T