Patna High CourtCR. MISC./55989/2017bail granted

Sachin Kumar v. The State Of Bihar

2017-12-12Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55989 of 2017 Arising Out of PS.Case No. -585 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sachin Kumar, son of Dinesh Kumar Singh, Resident of Village- Raja Bazar (West) Gopalpur, P.S.- Motihari Town, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Rathore, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, 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 25(1-A), 26 and 35 of the Arms Act.

The allegation is that on the confessional statement of one Umang Dubey the petitioner's house was raided and that one pistol has been recovered from his possession. Counsel for the petitioner denies the allegation. He submits that the recovery has been made illegally and the petitioner is in jail custody since 29.08.2017. Prior to the instant case, there is no criminal case pending against him. The petitioner claims to be a student.

In the facts and circumstances of the case, prayer for

Patna High Court Cr.Misc. No.55989 of 2017 (2) dt.12-12-2017 2/2 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 Chief Judicial Magistrate, Motihar, East Champaran in Town P.S. Case No. 585 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