Patna High CourtCR. MISC./32401/2017bail granted

Kamlesh Sah v. The State Of Bihar

2017-07-13Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32401 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kamlesh Sah son of Sri Jagarnath Sah, resident of Village- Ghanshyam Pakari, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Pipra P.S. Case No. 163 of 2016 registered under Sections 394 and 412 of the Indian Penal Code.

The petitioner and other accused persons are said to have looted bag of the informant containing Rs. 1,48,000/- by overtaking his motorcycle and the petitioner was apprehended. One loaded pistol along with two cartridges and cash of Rs. 37,500/- was recovered form his possession.

It is submitted by the learned counsel for the petitioner that nothing incriminating article has been recovered

Patna High Court Cr.Misc. No.32401 of 2017 (2) dt.13-07-2017 2/2 from the possession of the petitioner. One other case under Arms Act has been lodged against the petitioner for the same occurrence, but no recovery of any arms and ammunitions from the possession of the petitioner has been shown in that case. Rs. 37,500 is said to have been recovered from the possession of the petitioner, but the seizure list does not indicate any such recovery from the possession of the petitioner. Moreover, the seizure list doe not bear signature of the petitioner. The petitioner has been languishing in custody since 07.10.2016.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, East Champaran, Motihari in connection with Pipra P.S. Case No. 163 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T