Patna High CourtCR. MISC./71780/2019bail granted

Manoj Choudhary v. The State Of Bihar

2019-11-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71780 of 2019 Arising Out of PS. Case No.-364 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== MANOJ CHOUDHARY Son of Brahamdev Choudhary Resident of Village - Amdar, P.S.- Sabour, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 25(I-b)a, 26 and 35 of the Arms Act.

It is submitted that upon alleged recovery of one country made pistol, petitioner is in custody since 29.12.2018. Counsel for the petitioner submits that recovery is not as per prescribed procedure under section 100 Cr.P.C and he is in bail in Sabour P.S. Case no. 363/2018 since before. Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount

Patna High Court CR. MISC. No.71780 of 2019(3) dt.25-11-2019 2/2 each to the satisfaction of the Addl. Chief Judicial Magistrate, IX, Bhagalpur in Sabour P.S. Case no. 364/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T