Avinash Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.8193 of 2017 (2) dt.10-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8193 of 2017 Arising Out of PS.Case No. -273 Year- 2016 Thana -BIRPUR District- SUPAUL ====================================================== Avinash Kumar, Son of Gautam Sah, resident of Bhimnagar (Raniganj), Ward No. 1, P.S. - Birpur, District - Supaul. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Sinha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Birpur P.S. Case No. 273 of 2016, registered under Sections 399, 402 and 414 of the Indian Penal Code, Sections 25(1-B)a, 26 and 35 of the Arms Act and Section 38(1) of the Bihar Excise Act, 2016. The accusation is that on receiving secret information, about making plan to commit Dacoity by Sonu Mandal and his associates, police reached there and apprehended six persons including the petitioner. On search, petitioner was found in possession of one mobile set whereas some others were found in possession of country made pistol.
Learned counsel for the petitioner submits that no
Patna High Court Cr.Misc. No.8193 of 2017 (2) dt.10-03-2017 incriminating article has been recovered from possession of the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 30.10.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Birpur, Supaul, in connection with Birpur P.S. Case No. 273 of 2016. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T