Dhiraj Kumar @ Dhiraj Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55722 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Dhiraj Kumar @ Dhiraj Jaiswal, Son of Dinesh Prasad, resident of VillageMusachak, P.S. Bairgania, District Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Sri Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 412 of the Indian Penal Code and 25(1-b)a and 26 of the Arms Act. The FIR discloses that on some secret information petitioner has been apprehended and from his possession one country made pistol and two live cartridges and also two mobile phones have been recovered.

The petitioner denies the seizure and submits that even with respect to the mobile phone no one has turned up and it cannot be said that the said mobile phones were stolen. On the basis of such allegation the petitioner is in custody since 12.03.2017. Though some cases have been disclosed in Para 3 of

Patna High Court Cr.Misc. No.55722 of 2017 (2) dt.12-12-2017 2/2 the petition but in all cases the petitioner is on bail. In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of F.T.C II, Sitamarhi in connection with S.Tr. No. 433 of 2017 arising out of Riga P.S. Case No. 53 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T