Satyam Kumar @ Bambam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52664 of 2016 Arising Out of PS.Case No. -91 Year- 2016 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Satyam Kumar @ Bambam, Son of Ramnath Raut, resident of Village+Narayanpur Derhpura, P.S.- Mahnar, District- Vaishali at Hajipur .... Petitioner

Versus

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

For the Petitioner : Mr. Nagendra Kumar Singh, Adv. For the Opposite Party : Mr. Akbar Ali, APP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 25(1-B)A, 26 and 35 of the Arms Act and 4 and 5 of the Explosive Substances Act.

Three persons were quarrelling with a tempo driver who fled away and the petitioner was apprehended by the informant and from possession of the petitioner a country made pistol and cartridges were recovered. The informant produced the same before the police.

Submission of the petitioner is that recovery and production of fire arm by a private person is bailable offence, as such, no offence under Section 27 of the Arms Act is made out. Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mahnar P.S. Case No. 91 of 2016 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √