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Patna High CourtCR. MISC./50235/2018bail granted

Alok Jha v. The State Of Bihar

2018-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50235 of 2018 Arising Out of PS.Case No. -99 Year- 2018 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Alok Jha S/o Tapeshwar Jah, R/o Banuchhapar Badhai Tola, P.S.- Bettiah Muffasil, Banuchhapar O.P., District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in brief, is that a three loaded pistols and one live cartridge were recovered from possession of accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-05-2018 and there is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet has already been submitted in this case. From possession of co-accused, three country-made loaded pistols along with one live cartridge are alleged to have been recovered. There is no recovery

Patna High Court Cr.Misc. No.50235 of 2018 (2) dt.14-09-2018 of any incriminating articles from possession of the petitioner. The name of the petitioner has come in the present case on the basis of confessional statement of co-accused.

On behalf of the State, it is submitted that the petitioner is named in confessional statement of co-accused. 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil (Banuchhapar) P.S. Case No. 99 of 2018. (Sudhir Singh, J) A.K.V./- U T