Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27863 of 2015 Arising out of PS.Case No. -39 Year- 2015 Thana -PAKRIDAYAL District- EAST CHAMPARAN(MOTIHARI) ====================================================== Shashi Kumar, S/o Bishnudeo Singh, resident of village - Barkagaon, P.S. Pakaridayal District - East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party : Mr. Smt.Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioner is apprehending his arrest in connection with Pakaridayal P.S. Case No. 39 of 2015 for the offences instituted under Sections 25(1-B) A, 26, 27 and 35 of the Arms Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that in an Orchestra Programme, some firing was made by some boys. On chase, coaccused Chandan Kumar was apprehended but this petitioner fled away. On search, from possession of Chandan Kumar, one country made pistol, two live cartridges, one loaded country made pistol and one missed cartridge were recovered. He did not

Patna High Court Cr.Misc. No.27863 of 2015 (2) dt.22-07-2015 2/2 produce any paper in respect of recovered articles. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Further it is submitted that the petitioner was not apprehended on the spot nor there is recovery of any incriminating article from his possession. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Pakaridayal P.S. Case No. 39 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T