Bhola Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59514 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== BHOLA SAH Son of Late Kailash Sah Resident of Village - Mahaval, P.S.- Motipur, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Motipur P.S. Case No. 163 of 2019 registered for the offences punishable under Sections 25(1-b)A,26/35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.04.2019 for the alleged recovery of one country made pistol and one cartridge. Learned counsel for the petitioner submits that the petitioner has been made accused in one more case after arrest in the present case in which he has not been named. Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein it is alleged that one country made pistol with one

Patna High Court CR. MISC. No.59514 of 2019(3) dt.20-11-2019 2/2 cartridge were recovered from possession of the petitioner and at the relevant time there was no criminal antecedent of the petitioner, though after the present case was lodged, he has been made accused in another case also and further fact that the petitioner is in custody since 01.04.2019, let the petitioner above named be released on bail in connection with Motipur P.S. Case No. 163 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., West Muzaffapur, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T