Dharmendra Singh @ Dharmendra Kumar @ Jugnu Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.25184 of 2015 (3) dt.07-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25184 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -KATRA District- MUZAFFARPUR ======================================================

1. Dharmendra Singh @ Dharmendra Kumar @ Jugnu Singh S/o Late Ram Kumar Singh @ Fenku Singh Resident of Village Dhanaur, Police Station Katra, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navendu Kumar For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 25 (1-B) A, 26 and 35 of the Arms Act.

Allegedly, acting on a tip-off, the petitioner was caught after chase and during search one country made Katta and 13 cartridges were recovered along with seven mobile phones and further the petitioner disclosed that he is wanted in several cases and he has thrown one pistol also but that pistol was not found on search.

Submission is of false implication and that the search

Patna High Court Cr.Misc. No.25184 of 2015 (3) dt.07-10-2015 and seizure have not been conducted in accordance with law. The petitioner is in custody since 04.02.2015 and in other cases he is on bail also and as such, he deserves sympathetic consideration to which learned A.P.P. opposes.

Considering the alleged recovery and detention of the petitioner, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Shri Sukun Kumar Manjhi, Judicial Magistrate, Ist Class, Muzaffarpur, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

V.P.Sinha/- (Jitendra Mohan Sharma, J) U