Baban Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38339 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Baban Kumar, Son of Dineshwar Singh @ Dineshwar Ram @ Deneshwar Ram, Resident of Village- Kishunpur Chamar Toli, P.S.- Bihta, DistrictPatna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 26.02.2017 in connection with Bihta P.S. Case No. 111 of 2017 registered for the offence punishable under Sections 25(1-b) a and 26 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that during patrolling, they apprehended the petitioner in a suspicious condition on a motorcycle and from his possession one country made pistol and one live cartridge were recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.38339 of 2017 (2) dt.18-08-2017 2/2 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the period of custody, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur, Patna in connection with Bihta P.S. Case No. 111 of 2017.

(Nilu Agrawal, J.) Arjun/- U T