Patna High CourtCR. MISC./33072/2016bail granted

Krishna Mistri v. The State Of Bihar

2016-08-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33072 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -CHUTIA SAHAYAK District- SASARAM (ROHTAS) ====================================================== Krishna Mistri Son of Late Bhiran Mistri resident of Village- Tiyra Khurd, Police Station- Chutiya, District- Rohtas at Sasaram. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.12.20115 in connection with Chutiya P.S. Case No. 36 of 2015 for the offences alleged under Sections 25(1-b) a, 26 and 35 of the Arms Act and Sections 10, 13, 16, 17 of the Unlawful Activities (Prevention) Act.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, none of the articles recovered constitutes apparatus for manufacturing of the arms, rather the petitioner is a blacksmith and the articles recovered were his implements. Similarly situated accused persons, namely, Ganesh Uraon and Girdhari Uraon have been granted bail by this Court in Cr. Misc. No. 13004 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri, Rohtas at Sasaram in connection with Chutiya P.S. Case No. 36 of 2015 with

Patna High Court Cr.Misc. No.33072 of 2016 (2) dt.22-08-2016 2/2 the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/-Ibrar U T