Patna High CourtCR. MISC./26368/2017bail granted

Amit Kumar v. The State Of Bihar

2017-06-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26368 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Amit Kumar Son of Shivjee Thakur, resident of Village- Bara Jagranath, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Alok Kumar Alok, Adv. For the Opposite Party : Mr. S.M. Rahman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks regular bail in Ahiyapur P.S. Case No.103/17 registered for the alleged offences under Sections 25 (1-b)a/26/35 of the Arms Act and Section 401 of the Indian Penal Code.

As per the prosecution case, a country made loaded pistol was recovered from the possession of the co accused Om Prakash and a live cartridge was recovered from the possession of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is an innocent person and has been falsely implicated in this case. No recovery was made from the conscious possession of the petitioner. Petitioner has no criminal antecedent and has been languishing in custody since 18.02.2017.

Patna High Court Cr.Misc. No.26368 of 2017 (02) dt.12-06-2017 - 2 - It has also been submitted that the seizure list does not bear the signature of the petitioner.

Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in Ahiyapur P.S. Case No.103 of 2017. (Prakash Chandra Jaiswal, J.) Trivedi/- U T