Anup Kumar Soni @ Nanhki v. The State Of Bihar

Patna High Court Cr.Misc. No.54080 of 2016 (2) dt.16-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54080 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Anup Kumar Soni @ Nanhki son of Gopi Chand Prasad Resident of village/mohalla Uttarwari Pokhara, P.S. Bettiah Town (Kalibag O.P.), District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner, Anup Kumar Soni @ Nanhki, is in custody since 13.03.2016 in connection with Srinagar (Pujaha) P.S. Case No.15 of 2016 registered under Sections 387, 414, 120(B)/34 of the Indian Penal Code and Section 25(1-B)A, 26 Arms Act. 3.

According to prosecution case, one loaded country-made pistol (Katta) along with another .315 bore cartridge was recovered from the possession of the petitioner.

4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in this case due to village politics. Further he is in custody since 13.03.2016 i.e. almost 10 months. Moreover, co-accused, Shardanand Yadav, has already been granted

Patna High Court Cr.Misc. No.54080 of 2016 (2) dt.16-12-2016 bail by a co-ordinate Bench of this Court vide order dated 08.11.2016 passed in Cr. Misc. No. 37460 of 2016.

5.

Learned A.P.P. for the State has submitted that the petitioner is named in the F.I.R.

6.

Considering the facts and circumstances of the case and the fact that co-accused, having similar allegation, has already been granted bail by a co-ordinate Bench of this Court and also period of the custody of the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate,1st Class, Bettiah, West Champaran in connection with Srinagar (Pujaha) P.S. Case No. 15 of 2016.

(Arvind Srivastava, J) Brajesh/- U T