Saroj Kumar Dutt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 13199 of 2018 Arising Out of PS.Case No. -294 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS) ====================================================== Saroj Kumar Dutt S/o Shiv Pujan Paswan, R/o Village- Ugahni, P.S.- Chenari, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Krishna Pd Singh, Sr Advocate with Mr Bhaskar Shankar, Advocate For the S t a t e : Mr Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 12-04-2018 Heard learned Senior Counsel for the petitioner and the learned APP for the State.

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

It is submitted by the petitioner's Senior Counsel that though the petitioner is having no criminal antecedent, he has been falsely implicated in this case. Falsity of the allegation is apparent from the fact that though it is alleged in the first information report that one country made rifle and three live cartridges have been recovered from the petitioner's possession, the seizure list does not support this allegation. It is also submitted that seizure has not been done as prescribed under the Criminal Procedure Code. He

Patna High Court Cr.Misc. No.13199 of 2018 (3) dt.12-04-2018 2/2 is in custody in connection with this case since 31.12.2017. Considering the aforesaid submissions, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on 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, Rohtas at Sasaram in Chenari Police Station Case No 294 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