Bhukhalu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29953 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -BAKHTIYARPUR District- PATNA ====================================================== Bhukhalu Paswan Son of late Gaya Paswan Resident of Village- Mor P.S. Mokama, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate. For the Opposite Party : Mr. Sri Nityanand (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with S.T. No. 116 of 2016, arising out of Bakhtiyarpur P.S. Case No. 259 of 2015 for the offences instituted under Sections 399, 402 of the Indian Penal Code and 25(1-b)A, 26, 35 of the Arms Act.

There is allegation against the petitioner that one country made loaded pistol and two mobiles are said to have been recovered from his possession.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.09.2015. The charge sheet has been submitted in the present case. One loaded country made

Patna High Court Cr.Misc. No.29953 of 2016 (3) dt.07-09-2016 2/2 pistol is said to have been recovered from the possession of the petitioner. There is no compliance of section 100 of the Cr.P.C. The other co-accused have been granted bail vide Cr. Misc. No. 20904 of 2016 dated 19.05.2016, Cr. Misc. No.23277 of 2016 dated 01.06.2016 and Cr. Misc. No. 20806 of 2016 dated 19.05.2016 respectively.

On behalf of 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Barh, in connection with S.T. No. 116 of 2016, arising out of Bakhtiyarpur P.S. Case No. 259 of 2015. (Sudhir Singh, J.) Amit/- U T