Dharamraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39524 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -MATIHANI District- BEGUSARAI ====================================================== Dharamraj Singh, S/o Keshri singh, Resident of Village- Sohsa, P.S. Belaw, District Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Matihani P.S. Case No. 129 of 2016 instituted for the offence under Sections 25(1-B)a, 26,30 and 35 of the Arms Act.

It has been submitted that petitioner has no criminal antecedent.

It is alleged that one regular rifle with one cartridge as well as 32 live cartridges kept in black colour taxin bag were recovered from possession of co-accused Dilip Kumar who disclosed that the aforesaid firearm belongs to petitioner who has valid licence. Learned counsel for the petitioner has submitted that the licence was also produced before the police but the case has been lodged.

It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.39524 of 2017 (3) dt.30-08-2017 2/2 petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Matihani P.S. Case No. 129 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pushpendra Pandey, Judicial Magistrate, 1st Class, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T