Patna High CourtCR. MISC./49432/2017bail granted

Sonu Kumar v. The State Of Bihar

2017-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49432 of 2017 Arising Out of PS.Case No. -218 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Sonu Kumar S/o Late Pankaj Thakur, R/o Village- Brahmgyani, P.S.- Bhawanipur, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 376, 511, 34 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act and 37(b) of Bihar Excise (Amendment) Act, 2016.

It is alleged that one country made pistol is recovered from the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.08.2017. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one

Patna High Court Cr.Misc. No.49432 of 2017 (4) dt.15-12-2017 2/2 country made pistol is recovered from the petitioner. The allegation of making attempt to commit rape is denied by the petitioner. The allegation of petitioner being in drunken state is also denied by the petitioner. There is no compliance of section 100 of the 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 Additional Sessions Judge-III-cum-Special Judge (Excise), Purnea, in connection with Excise Case No.2194/2017, arising out of Bhawanipur P.S. Case No.218/2017.

(Sudhir Singh, J) Amit/- U T