Shanish Kumar @ Chhote v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46315 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -JIRADEI District- SIWAN ====================================================== Shanish Kumar @ Chhote son of Janak Sah resident of Mohalla Dakhin Tola, Siwan, P.S. Siwan Town, District Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Bhushan Verma, Advocate For the Opposite Party/s : Mrs. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 10.11.2016 in connection with Jiradei P.S. Case No. 51 of 2016 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
The prosecution case, as lodged by the police personnel, is that on information that some criminals have assembled on the bank of Sone river, the place was raided and the petitioner along with two other co-accused was apprehended, who disclosed the name of two other co-accused, who managed to flee away. From the possession of the petitioner one country made
Patna High Court Cr.Misc. No.46315 of 2017 (2) dt.21-09-2017 2/2 loaded pistol was recovered.
It has been submitted by the learned counsel for the petitioner that he is innocent and apart from one case being Jiradei P.S. Case No. 52 of 2016, which was lodged for the same occurrence under the N.D.P.S. Act, he has no other criminal antecedent. Co-accused from whose possession one country made loaded pistol was recovered, has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 22340 of 2017 on 19.05.2017.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Siwan in connection with Jiradei P.S. Case No. 51 of 2016. (Nilu Agrawal, J.) Arjun/- U T