Rup Lal Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6945 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rup Lal Kumar Sah, son of Shri Raj Kumar Sah, Resident of VillageKhairhinia, Police Station- Dhaka, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Narendra Kumar, son of name not known to the petitioner, Station House Officer, Patahi, Police Station in the District of East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Patahi P.S.Case No. 154 of 2016 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1g), 26 & 35 of the Arms Act. It has been submitted on behalf of the petitioner that as per prosecution case one cartridge is said to have been recovered from the possession of the petitioner and he is in custody for about three months.

Heard learned APP also, who has not controverted the aforesaid fact.

Heard both sides. Considering the fact that one cartridge has been recovered and there is no criminal antecedent

Patna High Court Cr.Misc. No.6945 of 2017 (2) dt.17-02-2017 2/2 coupled with the fact that petitioner is in custody for three months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VIII, Motihari, in connection with Patahi P.S.Case No. 154 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move the cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U