Patna High CourtCR. MISC./5156/2017bail granted

Om Prakash Singh v. The State Of Bihar

2017-02-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5156 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -DUMRA District- SITAMARHI ======================================================

1. Om Prakash Singh, son of Late Bindeshwar Singh, resident of VillageAjamgarh, P.S.- Dumra, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shrinandan Pd. Singh For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard the parties.

This application has been filed in connection with Dumra P.S.Case No.234 of 2016 for the offence under Sections 25(1B),(a), 26 and 35 of the Arms Act. Submission of the learned counsel for the petitioner is that allegedly one Magazine containing four cartridges was recovered from the possession of the petitioner but he is in custody for about five months and he has clean antecedent.

Heard learned A.P.P. also.

Having heard both sides. In view of the period of detention and recovery of one Magazine containing four cartridges only and coupled with the fact that he has clean antecedent, let the petitioner, above named, be enlarged on bail on furnishing bail

Patna High Court Cr.Misc. No.5156 of 2017 (2) dt.16-02-2017 2/2 bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of Dumra P.S.Case No.234 of 2016 dated 19.09.2016 in connection with CJM, Sitamarhi. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U