Patna High CourtCR. MISC./523/2018bail granted

Sunil Ram v. The State Of Bihar

2018-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.523 of 2018 Arising Out of PS.Case No. -195 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Sunil Ram S/o Ganesh Ram, R/o Village- Chausar, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Madhepura (Bharrahi O.P.) P. S. Case No. 195 of 2017 registered under Sections 341, 323, 324 and 506/34 of the Indian Penal Code and 25(1-B)(a) of the Arms Act. It is submitted by the learned counsel for the petitioner that the offences alleged except Sections 25(1-B)(a) of the Arms Act and 324 of the Indian Penal Code are bailable in nature. He submitted that since the arms was produced by the informant even offence punishable under Section 25(1-B)(a) of the Arms Act would not be attracted and at best, the case would

Patna High Court Cr.Misc. No.523 of 2018 (2) dt.12-01-2018 2/2 fall under Section 37 of the Arms Act, which is bailable in nature. He further submitted that the petitioner having got roots in the society, has got no criminal antecedent and is not likely to abscond or tamper with the evidence.

Having regard to the facts and circumstances of the case and the submissions made above, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in Madhepura (Bharrahi O. P.) P. S. Case No. 195 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T