Pawan Sarkar @ Paban Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39483 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ====================================================== Pawan Sarkar @ Paban Sarkar, S/o Navdeep Sarkar, R/o village- Gaitor, P.S. Raiganj, District- Uttar Dinazpur (W.B.). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Kishanganj P.S. Case No. 15 of 2017, registered for the offence punishable under Sections 399, 402 of the I.P.C. and 25 (1-b) a 26/35 of the Arms Act.

The case of the prosecution is that police upon receiving a secret information had conducted raid at the place of occurrence where the accused persons were sitting in a Bolero car and were also carrying arms. As far as the petitioner is concerned one loaded country made pistol along with some cartridges were recovered.

Learned counsel for the petitioner submits that the petitioner has a clean antecedent and he is in custody since 09.01.2017 i.e. more than a period of six months. Therefore, he has already been incarcerated for a long time and therefore has been

Patna High Court Cr.Misc. No.39483 of 2017 (2) dt.19-08-2017 2/2 suitably punished.

Having regard to the facts and circumstances of the case, I find that this is a fit case in which the petitioner should be released on bail.

Accordingly, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Kishanganj in connection with Kishanganj P.S. Case No. 15 of 2017.

(Mohit Kumar Shah, J) khushbu/- U T