Patna High CourtCR. MISC./55168/2019bail granted

Subhash Sao v. The State Of Bihar

2019-09-13Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55168 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== SUBHASH SAO S/o- Rajo Sao @ Rajendra Sao Resident of VillageLaxmipur, P.S.- Surajgarha, District- Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 31.04.2019 in connection with G.R.P. Jamalpur P.S. Case No. 37/2019 registered for the offence punishable under Sections 399/402/ 414 of the Indian Penal Code and Section 25(1-B)a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and fabricated and the alleged recovery of arms was also not from his conscious possession, but was planted only because he has a criminal antecedent. He further submits that such cases which are against him were previously of the year 2011 and 2012 and, thereafter,

Patna High Court CR. MISC. No.55168 of 2019(2) dt.13-09-2019 2/2 there has been no other criminal case against him. It is further submitted that in the said cases, as stated in paragraph No. 3, the petitioner has already been extended the privilege of bail and so far as the present case is concerned, the allegation that he was planning to commit an offence is wholly farfetched and concocted.

Considering the aforementioned facts and circumstances and the petitioner has been in custody since over four months, let 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 ACJM, Railway Magistrate, Kiul, in connection with G.R.P. Jamalpur P.S. Case No. 37/2019.

(Anjana Mishra, J) Saif/- U T