Pintu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.4620 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4620 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -MEHDIGANJ District- PATNA ====================================================== Pintu Kumar Son of Sunil Paswan, Resident of Village-Mehdiganj, Police Station-Mehdiganj, District-patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Mehdiganj P.S. Case No. 80 of 2016 registered for the offences punishable under Sections 25(1-b)a,26/35 of the Arms Act.

Allegedly, the petitioner was apprehended and two persons succeeded in fleeing away and from possession of the petitioner one country made loaded pistol having magazine and in magazine there were three live cartridges total four cartridges were recovered.

Submission is of false implication and that the petitioner has been made victim of circumstances, nothing was recovered from conscious possession of the petitioner, mandatory provision of law has not been complied with and as such the petitioner deserves sympathetic consideration as he is suffering in custody since

Patna High Court Cr.Misc. No.4620 of 2017 (2) dt.07-03-2017 09.11.2016.

Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months custody from the date of his remand, on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Mehdignaj P.S. Case No. 80 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T