Balkaran Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.613 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Balkaran Bind, S/o Wakil Bind, Resident of Village- Lohcha Patam, Bind Toli, Police Station- Naya Ram Nagar, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anirudh Kumar For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Naya Ramnagar P.S. Case No. 110 of 2016 instituted for the offence punishable under Sections 25(1)a/ 25(1-AA)/25(1-AC)/25(1-B)a/25(1-B)c /26(i)(ii)/35 of the Arms Act.

The case has been registered on the basis of self-statement of S.H.O., Naya Ramnagar P.S., wherein it is alleged that on secret information, he along with police party conducted raid in a plastic shed where some persons alleged to be engaged in the manufacturing illegal arms. Seeing the police party, some persons started fleeing away. However, the police apprehended few persons and seized some incriminating materials from the plastic shed.

Contention of the petitioner is that the petitioner is a

Patna High Court Cr.Misc. No.613 of 2017 (2) dt.11-01-2017 2/2 resident of same locality. The petitioner was walking in the locality for collecting/picking dry woods and merely on suspicion police apprehended him. Save and except, nothing has been recovered against the petitioner. The petitioner is in custody since 04.08.2016.

Learned APP, on the other hand, opposed the submissions.

The petitioner is incarcerating in custody since 04.08.2016 and admittedly nothing has been recovered from his conscious possession. He claims to be the resident of same locality.

In the facts and circumstances of the case, the prayer of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Munger in Naya Ramnagar P.S. Case No. 110 of 2016 subject to the condition that:

(i) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

rohit/- (Sanjay Kumar, J) U T