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Patna High CourtCR. MISC./36862/2017allowed

Subedar Mistry @ Shikari @ Shikari Ji v. The State Of Bihar

2017-08-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.36862 of 2017 (2) dt.17-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36862 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -GURARU District- GAYA ====================================================== Subedar Mistry @ Shikari @ Shikari Ji S/o Late Bifan Mistri resident of Village - Gorkatti, P.S. Konch, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kiran Sinha, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection with Guraru P. S. Case No. 48/2016 registered under Sections 147, 148, 149, 323, 341, 435, 511, 386, 387, 120(B), 504 and 506 of the Indian Penal Code and Section 25(1-b), a, 26, 35 of the Arms Act, Section 17 of C.L.A. Act and Sections 13, 16, 18, 20 of U.A.P.A Act.

Learned counsel for the petitioner submits that petitioner was neither arrested on the spot nor anything has been recovered from his possession. Petitioner has been implicated in this case only on the basis of confessional statement of co-accused. It has been further submitted that similarly situated co-accused persons have been granted bail by this Hon'ble Court vide order dated 23.12.2016 and 13.01.2017 (Annexure-2 & 2/1) and petitioner is in custody since 30.12.2016.

Considering the facts and circumstances of the case, the petitioner

Patna High Court Cr.Misc. No.36862 of 2017 (2) dt.17-08-2017 above named is directed to 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 2nd Additional District Judge, Gaya, in connection with Guraru P. S. Case No. 48/2016.

(Arvind Srivastava, J.) veena/- U T