Patna High CourtCR. MISC./68187/2019bail granted

Durga Sah v. The State Of Bihar

2019-11-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68187 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- DERNI BAZAR District- Saran ====================================================== DURGA SAH, aged about 24 years, (Male), S/o Jiya Sah, Residence of Village- Pojhi, P.S.- Derni, District- Saran at Chapra. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar, Advocate.

For the Opposite Party :

Mr.Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 399, 402 of the IPC, 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that on 27.10.2018 at 12.15 A.M. in the night, the police apprehended the petitioner and other accused persons fled away from the place of occurrence. The police also recovered one country made loaded pistol alongwith one live cartridge from the possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 28.10.2018. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.68187 of 2019(2) dt.27-11-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. One loaded country made pistol alongwith one live cartridge is said to have been recovered from possession of the petitioner.

On behalf of the State, it is 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 on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VII, Saran at Chapra, in connection with Derni P.S. Case No. 171 of 2018.

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