Patna High CourtCR. MISC./63194/2019bail granted

Jaishanker Kumar v. The State Of Bihar

2019-10-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63194 of 2019 Arising Out of PS. Case No.-149 Year-2019 Thana- PATAHI District- East Champaran ====================================================== JAISHANKER KUMAR, aged about 25 years (M), Son of Sri Harish Chandra Singh, Resident of Village-Khutauna, P.S.-Patahi, District-East Champaran, Motihari.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sharda Nand Mishra, Advocate.

For the Opposite Party :

Mr.Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 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 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that on 26.05.2019 at about 7.55 P.M. when the informant was verifying the station diary Entry No. 510 of 2019 and reached at 8.15 P.M. in the Bunglow of accused Manish Singh, three person including petitioner fled from there out of them, petitioner was apprehended there and on search of the Bunglow, one country made gun was recovered and on interrogation, petitioner stated that he was planning to commit road robbery on MirjapurKesariya Road on point of the seized gun.

Patna High Court CR. MISC. No.63194 of 2019(2) dt.22-10-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 26.05.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. No arms is said to have been recovered from possession of the petitioner. Recovery has been made from Bunglow (Baithaka) of co-accused Manish Singh 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 C.J.M., Motihari, East Champaran, in connection with Patahi P.S. Case No. 149 of 2019.

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