Patna High CourtCR. MISC./29150/2015bail granted

Gupesh Kumar v. The State Of Bihar

2015-08-05Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29150 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Gupesh Kumar Son of Naresh Prasad Singh resident of village - Jai Mangala, P.S. Sheikhpura ( Sirari O.P. ), District - Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subroteswar De For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner languishing in custody since 07.03.2015, seeks bail in a case registered for offences punishable under Section 25 (1-B) a/26 of the Arms Act.

The prosecution case is that on 07.03.2015 at about 12.30 in the night the informant Pawan Kumar, Incharge, Serari out Post was on duty on Holi festival. He received information from unknown sources that the petitioner Gupesh Kumar is creating nuisance and is holding a pistol in his hand. Upon this the informant reached at the village Jai Mangala and found the petitioner near the house of one Ashok Sao. Seeing the police the petitioner tried to escape but the Constable succeeded to catch him

Patna High Court Cr.Misc. No.29150 of 2015 (2) dt.05-08-2015 2/2 then one desi country made katta was recovered from his pocket for which no document was produced. Then in presence of two Constables, the seizure list was prepared and the petitioner was arrested.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent, as stated in para-3 of the petition and no overt act is made out against him. Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,Sheikhpura in Sheikhpura P. S. Case No. 69 of 2015.

(Nilu Agrawal, J) Sudha/- U T