Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7875 of 2017 Arising Out of PS.Case No. -237 Year- 2016 Thana -GAURICHAK District- PATNA ====================================================== Santosh Kumar Son of Azad Prasad, Resident of Village-Ram Murti Nagar, P.S.-Hilsa, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Gaurichak P.S. Case No. 237 of 2016 instituted for the offence under Section 25(1b)(A),26/35 of the Arms Act. It is alleged that one loaded country made pistol and two live cartridges were recovered from the possession of this petitioner.

It has been submitted on behalf of the petitioner that he is neither driver nor owner of the said vehicle. He has given the Bolero vehicle to the police during marriage and for demand of amount and returning of the vehicle, the instant case has been lodged.

From the impugned order, it appears that the

Patna High Court Cr.Misc. No.7875 of 2017 (3) dt.28-03-2017 2/2 petitioner is in custody since 16.10.2016.

Investigation has been completed and charge-sheet has been filed.

Under such circumstances, keeping in view the period spent by the petitioner in jail, the prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Shri Anant Kumar, J.M. 1st Class, Patna City, in connection with Gaurichak P.S. Case No. 237 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

During trial, the petitioner will remain present on each and every date and in default of two subsequent dates, it will amount for cancellation of bail bond.

(Sanjay Priya, J) Ravi/- U T