Laltun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53401 of 2017 Arising out of PS.Case No. -35 Year- 2017 Thana -BEERPUR District- BEGUSARAI ====================================================== Laltun Kumar Son of Brahmdev Rai @ Loha Singh Resident of VillageNaya tola Rupashbaj , P.S. Bachhwara, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Birpur P.S. Case No. 35 of 2017 for the offence under Section 414 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

The allegation made by the S.H.O., Birpur Police Station is that when he was on evening patrolling, he got information that three accused persons had assembled and were in possession of a motorcycle without number plate and were preparing for committing crime. Upon seeing the police jeep one person succeeded in fleeing away, however, two were caught and one of them is the petitioner herein. Upon search, one country made pistol and one live cartridge was recovered from the possession of

Patna High Court Cr.Misc. No.53401 of 2017 (2) dt.09-11-2017 2/2 one Rahul Kumar and two country made pistol and 11 live cartridges were recovered from the petitioner herein. The learned counsel for the petitioner submits that the petitioner has a clean antecedent and is languishing in custody since 03.04.2017. It is further submitted that the other accused person namely Rahul Kumar who was apprehended along with the petitioner herein has already been enlarged on bail by this Court vide order dated 20.09.2017 passed in Criminal Misc. No. 4104 of 2017.

Having regard to the facts and circumstances of the case, petitioner Laltun Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Begusarai, in connection with Birpur P.S. Case No. 35 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T