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Patna High CourtCR. MISC./56638/2018bail granted

Shibu Kumar @ Deelip Kumar v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56638 of 2018 Arising Out of PS.Case No. -245 Year- 2018 Thana -DHANARUA District- PATNA ======================================================

1. Shibu Kumar @ Deelip Kumar Son of Preman Kumar Resident of Village Mhabalipur Dhiper, P.S. Paliganj, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Dhanarua P.S. Case No. 245/2018, instituted for the offences under Sections 37(b)(c) of Bihar Prohibition and Excise Act, 2016 read with Sections 25(1b)a, 26 and 35 of Arms Act. It is alleged in the written report that on getting information that five persons have assembled on the road and are creating nuisance, police party reached the place of occurrence and apprehended aforesaid five persons. It is alleged that one country made loaded pistol and one live cartridge was recovered from the waist of this petitioner.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.56638 of 2018 (2) dt.28-09-2018 2/2 petitioner has clean antecedent. He has been arrested merely on suspicion. In the written report, it is alleged that informant got information from some vehicle driver that few boys are creating nuisance on the road. Thereafter, it is alleged that informant arrested the petitioner and recovered a country made pistol from his possession. Petitioner is in custody since 12.07.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. 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 Special Judge, Excise, Patna in connection with Dhanarua P.S. Case No. 245/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T