Santosh Kumar @ Santosh Sharma @ Santosh Kr.Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.10554 of 2016 (3) dt.27-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10554 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -CHAPRA TOWN District- SARAN ======================================================

1. SANTOSH KUMAR @ SANTOSH SHARMA @ SANTOSH KR.SHARMA son of Jai Mangal Sharma, Resident of village- Rauja Pokhara, P.S. Chapra Town, District- Saran at Chapra .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hareram Singh For the Opposite Party/s Mr. S.Ehteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 25 (I-B)a, 26,35 of the Arms Act.

Six country made pistols and cartridges are said to have been recovered from the conscious possession of the petitioner but according to the prosecution case itself, the aforesaid seized articles had been given to the petitioner by co- accused Shahbaj Sufiyan who has already been granted the privilege of bail by a coordinate bench of this court.

So far as petitioner is concerned, he is languishing in jail custody since 27.4.2015 and does not have any criminal antecedent. The trial court has reported that charged against the petitioner was framed on 30.9.2015 but up till now, not a single

Patna High Court Cr.Misc. No.10554 of 2016 (3) dt.27-07-2016 prosecution witness could be examined.

Considering the above stated facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Divya Shekhar, Judicial Magistrate, Ist Class, Saran at Chapra/ concerned court in Nagar Chapra P.S. Case no. 111/2015 subject to the condition that petitioner shall attend the learned trial court in person on each and every date for the period of seven months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T