Patna High CourtCR. MISC./51057/2019bail granted

Shambhu Kumar Ram v. The State Of Bihar

2019-08-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51057 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Shambhu Kumar Ram S/o Karu Ram Resident of Village- Ghoshi, P.S.- Hilsa, District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bam Bahadur Jha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 400, 401, 402, 413, 414 of the Indian Penal Code and Sections 25(1-b)A, 26, 35 of the Arms Act. Allegation is that one country made pistol and two live cartridges is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.02.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. No arms is alleged to have been recovered from the possession of the petitioner. One country made pistol is alleged to have been recovered from co-

Patna High Court CR. MISC. No.51057 of 2019(2) dt.17-08-2019 2/2 accused Birju Paswan and two live cartridges are recovered from co-accused Pramod Ram. The petitioner has been made accused due to mistake of fact. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar (Bhalpatti O.P.) P.S. case No.59 of 2019.

(Sudhir Singh, J) Narendra/- U T