Patna High CourtCR. MISC./39144/2014bail granted

Shubham Kumar v. The State Of Bihar

2015-03-04Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.39144 of 2014 (5) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39144 of 2014 Arising Out of PS.Case No. -78 Year- 2014 Thana -JAMALPUR District- MUNGER ======================================================

1. Shubham Kumar son of Anil Sah resident of village - Shitalpur, P.S. Muffasil, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Shahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Jamalpur P.S. Case No. 78 of 2014 registered for the offences punishable under Sections 25(1-B)A, 26/35 of the Arms Act. Allegedly, from possession of the petitioner one country made pistol was recovered besides cash of Rs. 30,000/- and from possession of co-accused Setu Kumar cash of Rs. 70,000/- was recovered.

Submission is of false implication and that the petitioner is suffering in custody since 21.6.2014 having no criminal antecedent and co-accused Setu Kumar has already been allowed bail by another Bench of this Court vide order dated

Patna High Court Cr.Misc. No.39144 of 2014 (5) dt.04-03-2015 10.12.2014 passed in Cr. Misc. No. 33302 of 2014. In the facts and circumstances stated above and considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 78 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T