Patna High CourtCR. MISC./59221/2017bail granted

Mantu Kumar @ Manish Kumar Priyadarshi And ANR v. The State Of Bihar

2018-01-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59221 of 2017 Arising Out of PS. Case No.-434 Year-2013 Thana- MAKHDUMPUR District- Jehanabad ======================================================

1. Mantu Kumar @ Manish Kumar Priyadarshi, S/o Anil Sharma,

2. Tutu Kumar @ Rajesh Kumar Ranjan S/o Mithilesh Sharma, Both R/o Village- Dharaut, P.S.- Makhdumpur, DistrictJehanabad. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. SRI LALAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Makhdumpur P. S. Case No. 434 of 2013 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.

At the very outset, it has been submitted that in this case admittedly, no firearm was recovered from possession of the petitioners and the Police after completing investigation did not sent-up the petitioners for trial but learned C.J.M. after differing with the opinion of the Investigating Officer took cognizance against the petitioners also and as such the petitioners deserve sympathetic consideration. The final form submitted is annexure-2.

Patna High Court Cr.Misc. No.59221 of 2017(3) dt.19-01-2018 2/2 Learned APP faily submits that the petitioners were not sent-up for trial.

In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur P. S. Case No. 434 of 2013, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T