Patna High CourtCR. MISC./11817/2015bail granted

Shailendra Prasad @ Lulha @ Shadhu v. The State Of Bihar

2015-04-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11817 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -BHANGWANPUR HAT District- SIWAN ====================================================== Shailendra Prasad @ Lulha @ Shadhu, Son of Krishna Prasad, Resident of village- Sisai, P.S.- Janta Bazar, District- Chapra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 399/402 of the Indian Penal Code, Sections 25(1-b)A, 26, 35 of the Arms Act and Sections 3/4 of the Explosive Substances Act. It is alleged that the petitioner was apprehended while preparing for committing dacoity. A separate case, being Bhagwanpur P.S. Case No. 192/14, was registered under Sections 307/353/34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/4 of the Explosive Substances Act. The petitioner has already been enlarged on bail in the aforesaid case. For recovery of arms, the present case was lodged. From the possession of the petitioner, one loaded country-made pistol and cartridges were recovered. The petitioner has got no criminal antecedent except one case, i.e. Bhagwanpur P.S. Case No. 192/14. The petitioner is

Patna High Court Cr.Misc. No.11817 of 2015 (2) dt.07-04-2015 2/2 in jail since 17.08.2014.

Considering the fact that the petitioner has already remained in jail for about 8 months, 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 Chief Judicial Magistrate, Siwan in Bhagwanpur P.S. Case No. 191/2014.

(Prabhat Kumar Jha, J) Dilip/- U T