Mithilesh Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12398 of 2018 Arising Out of PS.Case No. -303 Year- 2017 Thana -BARAUNI District- BEGUSARAI ====================================================== Mithilesh Nishad, S/o Chhotan Nishad, R/o Village- Malhipur- Bind Toli, P.S.- Barauni (Chakia), Dist- Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Shubhesh Pandey, Advocate For the S t a t e : Mr Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 25, 26 of the Arms Act.

It is submitted that the petitioner has falsely been implicated in this case due to his past criminal antecedents. It is further submitted that the alleged recovery of loaded country made pistol is a false allegation as the seizure list has not been prepared in accordance with law. He is in custody since 19.08.2017 and in the other cases pending against him, enumerated in paragraph 3 of the application, he is on bail from before.

Considering the aforesaid submission, prayer for bail is allowed. Let the petitioner above named be released on bail on

Patna High Court Cr.Misc. No.12398 of 2018 (3) dt.05-04-2018 2/2 his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Begusarai in Barauni Police Station Case No 303 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T