Patna High CourtCR. MISC./44339/2017bail granted

Bisheshwar Bharti @ Visheshar Bharti And ANR v. The State Of Bihar

2017-10-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44339 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -LUTUA District- GAYA ======================================================

1. BISHESHWAR BHARTI @ VISHESHAR BHARTI, Son of Kail Bhuian, R/o Keshoe Market, P.S.- Barun, District- Aurangabad.

2. Ashok Rikiyasan Son of Ram Sarup Rikiyasan, R/o Village- Nagmatra, P.S.- Madanpur, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioners seek regular bail in connection with Lutua P.S. Case No. 06 of 2017 registered for offences punishable under Sections 25(1-B)a, 26, 35 of he Arms Act, Section 17 of CLA Act and Section 3⁄4 of Explosive Substance Act.

Allegation against the petitioners is of recovery of five cartridges apart from seven meter red colour wire. It has been submitted on behalf of the petitioners that petitioners have been falsely implicated in this case. They have no criminal antecedent. They remain in custody for five months. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.44339 of 2017 (3) dt.09-10-2017 2/2 satisfaction of learned A.C.J.M.,Sherghati, Gaya in connection with Lutua P.S. Case No. 06 of 2017subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make them available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail. (Vinod Kumar Sinha, J) sushma/- U T