Patna High CourtCR. MISC./41036/2017bail granted

Praveen Singh @ Praveen Kumar And ANR v. The State Of Bihar

2017-09-11Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41036 of 2017 Arising Out of PS.Case No. -183 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================

1. Praveen Singh @ Praveen Kumar

2. Kundan Singh @ Kundan Kumar Both are Sons of Kapildeo Singh, Resident of Village-Dahua, P.S.-Khaira, District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 04.07.2017 in connection with Khaira P.S. Case No. 183/2017 for offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that the house of the petitioners, who are full brothers, was raided and from the house in the wooden box one country-made pistol without cartridge was recovered.

Accordingly, a seizure list was recovered.

Patna High Court Cr.Misc. No.41036 of 2017 (2) dt.11-09-2017 2/2 It has been submitted by the learned counsel for the petitioners that they are innocent, nothing has been recovered from their conscious possession and they have been falsely implicated. He submits that no overt act has been alleged to have been committed and the seizure-list has not been prepared in accordance with Section 100 of the Cr.P.C.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on completion of three months in custody on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 183/2017, subject to the condition that both the bailors would be close relatives of the petitioners.

(Nilu Agrawal, J) Rajesh/- U T