Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54225 of 2019 Arising Out of PS. Case No.-90 Year-2019 Thana- SALIMPUR District- Patna ====================================================== SURAJ KUMAR Son of Sri Shivnath Vishwakarma @ Shivnath Sharma Resident of Village - Bhaisahi, Badi Bagicha, P.s.- Malsalami, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 413 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

Prosecution case, in short, is that one country made pistol is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.5.2019 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one country made pistol is recovered from one Ankit Kumar. No arms is alleged to have been recovered from the possession of the petitioner. There is no

Patna High Court CR. MISC. No.54225 of 2019(2) dt.30-08-2019 2/2 compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned J.M., 1st Class, Barh in connection with Salimpur P.S. Case No. 90 of 2019.

(Sudhir Singh, J) Pankaj/- U T