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Patna High CourtCR. MISC./24717/2016bail granted

Punit Srivastava @ Punit Kumar Srivastava @ Pappu Lal v. The State Of Bihar

2016-06-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24717 of 2016 Arising Out of PS.Case No. -183 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Punit Srivastava @ Punit Kumar Srivastava @ Pappu Lal, Son of Late Prem Shankar Lal, Resident of Village- Amarpura, P.S. Mohania, DistrictKaimur (Bhabhua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Ranjan Sinha For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code, Section 27 of the Arms Act and Sections 47/53(2) (b) of Excise Act Amendment, 2016.

Although, petitioner is named in the first information report but according to prosecution case itself, petitioner was not present on the place of occurrence and it is only alleged that one of the F.I.R. named accused persons talked the petitioner on telephone and at the direction of the petitioner, the alleged occurrence took place.

Patna High Court Cr.Misc. No.24717 of 2016 (3) dt.20-06-2016 2/2 It would appear from perusal of the impugned order that the learned Sessions Judge rejected the bail petition of the petitioner as petitioner had suppressed his criminal antecedent at the time of consideration of his bail application but in the present petition, petitioner disclosed his criminal antecedent at para-3 of the petition.

It is submitted on behalf of the petitioner that as a matter of fact, due to clerical error, the criminal antecedent of the petitioner was left to be typed in bail application before the Sessions Judge.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Mohania P.S. Case No. 183 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T