Shyam Shundar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.57741 of 2017 (8) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57741 of 2017 Arising Out of PS.Case No. -188 Year- 2017 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Shyam Shundar Kumar S/o Late Banti Singh, R/o Ghatkaindi, P.S.- Teghra, Distt.- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-04-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody, seeks bail in Teghra PS Case No. 188 of 2017, registered under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 3/5 of the Explosive Substances Act. The allegation in brief is that one loaded country made pistol with one live cartridge and a jarkin containing 5 litres of patrol was recovered from the motorcycle of the petitioner. Submission is that the petitioner has falsely been implicated in this case, there is no independent seizure list witnesses only police personnel are witnesses of the seizure, charge has already been framed and he has been in custody for approximately nine months.

Having considered the said facts and circumstances, the petitioner Shyam Sundar Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Begusarai in connection with Teghra PS Case No. 188 of 2017. Snkumar/- (Arun Kumar, J) U T