Lilu Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11901 of 2017 Arising Out of PS.Case No. -208 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Lilu Gond, S/o Ramashish Gond, resident of village - Baraso, P.S. Mairwa, District - Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 11-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mairwa P.S. Case No.208 of 2016 registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that in course of checking of the vehicles by the police, three persons were seen coming on a motorcycle. On giving signal by the police to stop the motorcycle, all started to flee away leaving the motorcycle but, on chase, two persons were apprehended by the police, who disclosed their name as Rakesh Gond and Samarendra Kumar Singh and they also disclosed the name of the person, who succeeded in fleeing away, as Lilu Gond

Patna High Court Cr.Misc. No.11901 of 2017 (2) dt.11-04-2017 2/2 (petitioner). On search, Rakesh Gond was found in possession of one loaded country made pistol alongwith one live cartridge. Rakesh Gond also disclosed that Lilu Gond (petitioner) was also in possession of one country made pistol and cartridge. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the petitioner was not apprehended by the police on the spot rather the name of the petitioner has been disclosed by Rakesh Gond and Samarendra Kumar Singh, who were apprehended by the police on chase. Moreover, the petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Mairwa P.S. Case No.208 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T