Patna High CourtCR. MISC./49484/2019bail granted

Sachin Mishra v. The State Of Bihar

2019-08-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49484 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== SACHIN MISHRA, aged about 35 years, Male, Son of Parasnath Mishra, Resident of Village - Basbitta Goat, P.S.- Majorganj, District - Sitamarhi. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Birendra Kumar Singh, Advocate.

For the Opposite Party :

Mr.Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 08.04.2019 in a case for the offence registered under Sections 25(1-b)a and 26 of the Arms Act.

The prosecution story, in brief, is that on 07.04.2019 on getting secret information that the petitioner is at his house with arms and ammunition, the informant and other police officials raided his house situated at Basbitta Gote and in presence of two independent witnesses, a loaded country made pistol with Magazine, Nepali currency, Mobile with SIM etc., were recovered and seizure list was prepared. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.49484 of 2019(2) dt.07-08-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. One loaded country made pistol with Magazine and other articles are said to have been recovered from the house of the petitioner. There is no compliance of Section 100 Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Sitamarhi, in connection with Majorganj P.S. Case No. 58 of 2019.

(Sudhir Singh, J) U.K./- U T