Hareram Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9015 of 2017 (4) dt.25-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9015 of 2017 Arising Out of PS.Case No. -286 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Hareram Kumar, son of Parshuram Chaudhary, resident of Village- Belaur, Police Station- Udwant Nagar in the District of Bhojpur. .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Udwant Nagar P.S. Case No. 286 of 2016 registered for the offences punishable under Sections 25(1-B)a, 26 of the Arms Act.

Allegedly, a rifle and Vindolia with 34 cartridges were recovered from possession of the petitioner for which he has not produced any paper.

Submission is of false implication and that the petitioner is in custody since 21.07.2016, nothing has been recovered from conscious possession of the petitioner, he has been made victim of circumstances and as such the petitioner deserves sympathetic consideration.

Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent as he is accused in

Patna High Court Cr.Misc. No.9015 of 2017 (4) dt.25-04-2017 Udwant Nagar P.S. Case No. 285 of 2016 under Sections 203/34 IPC and Section 27 of the Arms Act.

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 learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Udwant Nagar P.S. Case No. 286 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