Satyam Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27401 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Satyam Kumar S/o Late Chandradeep Mandal, Resident of VillageRampur (Near Kalimandir), P.S. Shiv Narayanpur, District- Bhagalpur.

2. Sangit Kumar S/o Kamal Kishore Mandal, Resident of Village- Logay, P.S.- Shiv Narayanpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners are in custody since 15.01.2017 in connection with Khalgaon (Shiv Narayanpur) P.S. Case No. 21 of 2017 for the offence under section 25(1-b)a, 26 and 35 of the Arms Act.

From the FIR, it appears that petitioners were apprehended by the police on 13.1.2017 and from the possession of the petitioner no.1 Satyam Kumar one country made pistol with cartridge was found and from the possession of the petitioner no.2 Sangit Kumar one cartridge was found and on that basis the petitioners were named in the FIR and they are in custody since

Patna High Court Cr.Misc. No.27401 of 2017 (4) dt.06-07-2017 2/2 15.1.2017.

Counsel for the petitioners submits that nothing was recovered from the conscious possession and they have been made accused in this case only on the ground of suspicion. Counsel for the petitioners further submits that in the instant case investigation has been completed and thereafter, police has submitted chargesheet and as such there is no chance of tampering with evidence or influencing the witnesses.

Having regard to the facts that the petitioners are in custody since 15.1.2017, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur or the successor court in connection with Kahalgaon (Shiv Narayanpur) P.S. Case No. 21 of 2017 on the condition that the petitioners will extend full cooperation in the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T