Chhotu Bhuian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42318 of 2017 Arising Out of PS. Case No.-6 Year-2017 Thana- LUTUA District- Gaya ====================================================== Chhotu Bhuian Son of Laxman Bhuian, R/o Village- Nagobar, P.S.- Lutua, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S. Jamil Akhtar, Advocate For the Opposite Party/s :
Mr. RAJENDRA NATH JHA, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 25(1-B)a, 26, 35 of the Arms Act as well as 17 of C.L.A. Act and 3 and 4 of Explosive Substance Act. Allegation is that the police apprehended the accused persons including the petitioner while they were planning to harm the police and from the possession of Visheshar Bharti one pistol along with three live cartridges were recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.5.2017 and has no criminal antecedent. Charge sheet has been submitted in the case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake
Patna High Court Cr.Misc. No.42318 of 2017(2) dt.19-09-2017 2/2 of fact. No incriminating article is said to have been recovered from the possession of the petitioner. Whatever incriminating is said to have been recovered i.e. from the possession of coaccused Bisheshar Bharti. On behalf of the State, it is 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Sherghati, Dist. Gaya in connection with Lutua P.S. case No.6 of 2017. (Sudhir Singh, J) Narendra/- U T