Patna High CourtCR. MISC./46245/2017disposed

Sonu Kumar And ANR v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46245 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Sonu Kumar, son of Indal Ram

2. Bhim Ram, son of Bare Ram @ Suresh Ram Both residents of village Bind, P.S. Bind, Distt. Nalanda (Biharsharif). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Babu, Advocate. For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners.

The petitioners seek regular bail in connection with Bind P.S. Case No. 102 of 2017, registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioners as per First Information Report is that one loaded country made pistol has been recovered from rear seat of the tempo in which the petitioners were found to be seated.

Submission of learned counsel for the petitioner is that nothing has been recovered from possession of the petitioners. They have no criminal antecedent. The petitioners are in custody since 10.08.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.46245 of 2017 (2) dt.19-09-2017 2/2 Learned A.P.P. has opposed the prayer for bail of the petitioner on the ground that investigation is still going on. Having heard both sides and in view of the facts and circumstances of the case as stated above, this application is disposed of with a direction to the learned trial court to release the petitioner on bail to his own satisfaction once charge sheet has been submitted in this case or after completion of two months in judicial custody, whichever is earlier, if an application for bail is filed on behalf of the petitioner.

(Vinod Kumar Sinha, J) S.Ali/- U T