Patna High CourtCR. MISC./6182/2016bail granted

Kataila @ Munna Singh v. The State Of Bihar

2016-02-25Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6182 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -BARAUNI District- BEGUSARAI ====================================================== Kataila @ Munna Singh Son of Late Balkishore Singh, Resident of Village - Jaimara, P.S. - Barauni (Refinery), District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Smt. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barauni P.S. Case No. 173 of 2015 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1B)A and 26 of the Arms Act. For the alleged recovery of country made loaded pistol with magazine having six cartridges and one mobile, the petitioner is in custody since 17.05.2015.

Submission is that nothing was recovered from conscious possession of the petitioner, he has been made victim of the circumstance, there is no report regarding theft of mobile and the said mobile is of the petitioner and, as such, the petitioner

Patna High Court Cr.Misc. No.6182 of 2016 (2) dt.25-02-2016 2/2 deserves sympathetic consideration, to which the learned A.P.P. opposes by submitting that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the detention of the petitioner, now he 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 C.J.M., Begusarai in connection with Barauni P.S. Case No. 173 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T