Dhanpat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52644 of 2019 Arising Out of PS. Case No.-255 Year-2019 Thana- DHANARUA District- Patna ====================================================== Dhanpat Kumar Son of Tej Narayan Yadav @ Tej Narayan Prasad Resident of Village - Bir, P.S.- Dhanarua, Dist.- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Birendra Kumar, Advocate For the Opposite Party :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Dhanarua P.S. Case No. 255 of 2019 instituted for the offence under Sections 25(1-b)a/26/35 of the Arms Act.

It is the submissions of petitioner's counsel that even as per the seizure list, the recovery of loaded country made pistol and live cartridges is attributed to co-accused, namely, Satrup Kumar. It is further submitted that petitioner with bonafide intention had given a lift on his motorcycle to the co-villager Satrup Kumar. The

Patna High Court CR. MISC. No.52644 of 2019(3) dt.16-11-2019 2/3 petitioner has having no criminal antecedents and is in custody since 27.06.2019.

Learned APP for the State opposed the prayer for bail.

Having considered the rival submissions of the parties, prayer for bail is allowed. 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 Judicial Magistrate 1st Class, Masaurhi, Patna, in connection with Dhanarua P.S. Case No. 255 of 2019, subject to the following 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 bond will be liable

Patna High Court CR. MISC. No.52644 of 2019(3) dt.16-11-2019 3/3 to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T