Chanchal Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.7443 of 2017 (2) dt.20-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7443 of 2017 Arising Out of PS.Case No. -111 Year- 2016 Thana -RAJPUR District- BUXAR ====================================================== Chanchal Mishra, S/o Bharat Mishra, resident of village - Karahansi, P.S. Buxar ( M 0, District - Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rajpur P.S. Case No. 111 of 2016 registered for the offences punishable under Sections 25(1-B)a,26 of the Arms Act.

Allegedly, from possession of the petitioner one pistol and three cartridges loaded in magazine were recovered whereas from possession of other co-accused also pistol and cartridges were recovered. Further they stated that they have snatched a vehicle and seeing the Police party they started fleeing away. Submission is of false implication and that the petitioner is suffering in custody since 24.06.2016 and now he has sufficiently been penalized and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that

Patna High Court Cr.Misc. No.7443 of 2017 (2) dt.20-03-2017 the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail 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 A.C.J.M. VII, Buxar in connection with Rajpur P.S. Case No. 111 of 2016, 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