Mantosh Turha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70433 of 2018 Arising Out of PS. Case No.-78 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== Mantosh Turha son of Late Rudal Turha, resident of Village- Gurthani, P.S.- Gurthani, District- Siwan.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Adv For the Opposite Party/s :
Mr.Sri Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 25(1-b)a, 26,35 of the Arms Act.
A loaded country made pistol was recovered from possession of the petitioner. Petitioner has got criminal antecedent.
The report of the learned Trial Judge reveals that the accused who are on bail are absconding. Hence, trial is not progressing.
Considering the entire facts, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with
Patna High Court CR. MISC. No.70433 of 2018(5) dt.03-05-2019 2/2 two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raghunathpur Police Station Case No.78 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
The learned court below may separate the trial of the petitioner, if there is no chance of appearance of others in near future and thereafter shall frame charge against the petitioner.
(Birendra Kumar, J) Nitesh/- U T