Patna High CourtCR. MISC./29140/2016bail granted

Prabhu Pandey @ Prabhu Kumar Pandey v. The State Of Bihar

2016-09-01Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.29140 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29140 of 2016 Arising Out of PS.Case No. -542 Year- 2015 Thana -ARA NAGAR District- BHOJPUR ====================================================== Prabhu Pandey @ Prabhu Kumar Pandey S/o Nanhe Pandey Resident of Vill- Sakardih, P.S.- Koilwar, Dist- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate. For the Opposite Party/s : Mr. Sri Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 9.12.2015 in connection with Ara (T) P.S. Case No. 542 of 2015 registered for offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that while the informant was on his vehicle checking near Gangi Pool at Ara along with police at about 3.30 p.m, two persons were coming on a motor cycle but after seeing the police they tried to flee away but police chased them and caught them and on search one 7.65 m.m. country made pistol with three cartridges were recovered from the possession of the petitioner and nothing was recovered from the possession of another accused.

Patna High Court Cr.Misc. No.29140 of 2016 (3) dt.01-09-2016 On behalf of the petitioner, it is submitted that the petitioner is in custody since 9.12.2015. Charge-sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. One country made pistol along with three live cartridges were recovered from his possession. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it has been 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 bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara (T) P.S. Case No. 542 of 2015.

(Sudhir Singh, J) Prakash/- U T