Patna High CourtCR. MISC./35465/2017bail granted

Abhay Kumar Sharma @ Mantu Sharma v. The State Of Bihar

2017-08-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35465 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================

1. Abhay Kumar Sharma @ Mantu Sharma Son of Late Chandrashekhar Singh, R/o Village- Banshidih, P.S.- Sahar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr.Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Kako P. S. Case No.101 of 2017 instituted for the offences under sections 399, 402 , 353 of the Indian Penal Code and under Section 25 (1-b)a, 26, 35 Arms Act and under Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

It is alleged in the written report that on confidential information that three criminals have assembled in the back side of Dargah of Bibi Kamal for planning to commit dacoity, the informant along with other police personnel arrived there. The miscreants on seeing police party started running away. The petitioner along with two others were apprehended. It is alleged

Patna High Court Cr.Misc. No.35465 of 2017 (2) dt.01-08-2017 2/2 that one loaded single barrel gun with one live cartridge was recovered from the possession of the petitioner. It has been submitted that the aforesaid gun was licensee gun belonging to one Raj Nandan Sharma and at the time of raid by the police, he had gone for urination after handing over the gun to the petitioner. He is in custody since 08.05.2017.

In the facts and circumstance of the case, prayer of the petitioner for grant of bail is allowed. 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 Additional Sessions Judge- II, Jehanabad in connection with Kako P.S.Case No. 101/2017 ( Excise Case No. 570 of 2017), subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) Sudha/- U T