Amarjeet Chaupal @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43146 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Amarjeet Chaupal @ Lalu, S/o Baldeo Chaupal, Residence of Vill- Birniya, P.S.- Bahadurpur, Sonkio.P Diss- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Ray, APP 212 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and the State. The petitioner is languishing in jail since 08.05.2018 in connection with Sadar P.S. Case No. 166 of 2018 registered under Sections 279, 337 and 338 of the Indian Penal Code and 25(1-b)a, 26 and 25 of the Arms Act.

Learned counsel for the petitioner submits that though the sections of the Indian Penal Code are bailable yet only on account of the allegation under Section 25 of the Arms Act the petitioner is languishing in jail. It is, further, submitted that the said recovery of arms was from another youth and not from the possession of the present petitioner.

Considering the aforesaid facts and circumstances let the petitioner, named above, be released on bail on furnishing

Patna High Court Cr.Misc. No.43146 of 2018(2) dt.31-07-2018 2/2 bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sadar P.S. Case No. 166 of 2018 to the satisfaction of the Chief Judicial Magistrate, Darbhanga, on the following conditions.

(1) One of the bailors will be his own blood relative, preferably father, mother, brother, sister of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Shamshad/- U T