Ganesh Kumar @ Muku Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.58313 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58313 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -PATNA GRP CASE District- PATNA ======================================================

1. Ganesh Kumar @ Muku Kumar Son of Sri Arvind Paswan R/o VillageDevi Sarai, Biharsharif, P.S.-Deep Nagar, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bakhtiarpur (Patna) G.R.P. Case No. 44 of 2015 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act. Allegedly, from possession of the petitioner one loaded country made pistol and mobile were recovered. Submission is of false implication and that the petitioner has been made victim of circumstance, nothing was recovered from his conscious possession and his signature has been obtained on plain paper, there is no independent witness on seizure list, co-accused Jitendra Paswan has already been allowed

Patna High Court Cr.Misc. No.58313 of 2015 (2) dt.01-02-2016 bail vide Cr. Misc. No. 54390 of 2015 and as such the petitioner deserves sympathetic consideration.

Learned APP submits that one loaded country made pistol was recovered from the petitioner.

In the facts and circumstances stated above, the petitioner above named shall be released on bail after completion of six months in custody from the date of his remand on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna in connection with Bakhtiarpur P.S. Case No. 44 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T