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Patna High CourtCR. MISC./59740/2017bail granted

Deepak Kumar @ Cheppu v. The State Of Bihar

2018-01-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59740 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Deepak Kumar @ Cheppu S/o Hare Krishna Singh, R/o Village- Ramdiri Nakti Tola, Ward No. 8, Choudhary Patti, P.S.- Matihani, DistrictBegusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 25(1-b)a, 26 of Arms Act and Section 37 (6) of Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that two loaded country made pistol along with two live cartridges are recovered. The petitioner is in custody since 14.05.2017. The charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that two loaded country made pistol along with two live cartridges are recovered from the possession of the petitioner. It is alleged that the petitioner was in drunken state, but there is no

Patna High Court Cr.Misc. No.59740 of 2017 (3) dt.11-01-2018 2/2 medical finding in respect of the said allegation. There is no compliance of Section 100 of the 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 7th Additional Sessions Judge-cum-Special Judge, Excise, Begusarai, in connection with Mathihani P.S. Case No.79/2017. (Sudhir Singh, J) Amit/- U T