Patna High CourtCR. MISC./39766/2015bail granted

Sohan Sah v. The State Of Bihar

2015-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39766 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sohan Sah, aged about- 30 years, S/o-Sri Paras Sah, Resident of VillageBela Baiju, P.S. Patahi, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is languishing in custody since 26.4.2015 in connection with Patahi P.S. Case No. 58 of 2015 for the offences under Sections 25(1-B)a/26 of the Arms Act. The prosecution case, in brief, is that the informant S.I. Shashi Bhusan Kumar, SHO Patahi P.S. has given his self statement alleging that on 25.4.2015 he along with his police party reached at Bela Baiju village in connection with Patahi P.S. Case No. 132/2013, he got information that the petitioner was drinking liquor with one Ganesh Mehta and on this information the informant along with his police party reached there and seeing the police force the petitioner tried to flee away.

Patna High Court Cr.Misc. No.39766 of 2015 (3) dt.14-10-2015 2/2 He was chased and apprehended and from his possession a loaded pistol and cartridges were recovered.

The petitioner is in custody since 26.4.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. As per the prosecution case one country made pistol along with four live cartridges are said to have been recovered. The said recovery is denied by the petitioner. It is further submitted that the petitioner may be released after completion of six months from 26.4.2015.

On behalf of the State it is stated that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named, be released on bail after completion of six months from 26.4.2015 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 58 of 2015.

(Sudhir Singh, J) S.Pandey/- U T