Ashok Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62853 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -SONO District- JAMUI ====================================================== Ashok Das S/o Rajendra Das, R/o Village- Bharathpur, P.S.- Sono, DistrictJamui. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sono Police Station Case No. 138 of 2017 registered for offence under section 25(1-b)A, 26 of the Arms Act.
The above case has been registered on the written report of S.H.O., Jamui police station. On getting information about arrival of one Ashok Das who is a dreaded criminal of locality, the police party visited at his house to arrest him but seeing the police, he started fleeing away. On chase, he was apprehended. It is alleged that on disclosure made by this petitioner, one country made fire arm and empty cartridges kept in the polythin were recovered from the soil near a well. The petitioner has denied alleged recovery from his conscious possession. He is in custody since 02.07.2017. The seizure list on record does not bear signature of any independent witness.
Patna High Court Cr.Misc. No.62853 of 2017 (2) dt.12-01-2018 2/2 Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jamui in connection with Sono Police Station Case No. 138 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail.
(Sanjay Kumar, J) Mahesh/- U T