Patna High CourtCR. MISC./5772/2016bail granted

Sharan Vishwakarma v. The State Of Bihar

2016-02-17Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.5772 of 2016 (2) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5772 of 2016 Arising Out of PS.Case No. -220 Year- 2015 Thana -DHANARUA District- PATNA ======================================================

1. Sharan Vishwakarma, aged about 50 years, Son of Late Ramprit Vishwakarma, resident of Village- Pabhera, P.S.- Dhanarua, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Anil Kr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dhanarua P.S. Case No. 220 of 2015 registered for the offences punishable under Sections 25(1-AB) B/26 of the Arms Act. Allegedly, during raid from the house of the petitioner two barrel, empty cartridge of 315 bore and other instrument as per seizure list were recovered. Submission is of false implication and that earlier the petitioner was made accused in two more cases bearing Dhanarua P.S. Case No. 10/2006 and 119 of 2012 both under Section 25(1b)a, 26 of the Arms Act and in first case he had already been acquitted whereas in another case he is on bail. The pieces of two

Patna High Court Cr.Misc. No.5772 of 2016 (2) dt.17-02-2016 pipes recovered has been shown as barrel and other articles are of daily use of black smith.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering the detention of the petitioner now he 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 Judicial Magistrate 1st, Class Masaurhi, in connection with Dhanarua P.S. Case No. 220 of 2015, subject to the conditions that one of the bailors must be 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) siddharth/- U T