Patna High CourtCR. MISC./63125/2019bail granted

Vivek Kumar v. The State Of Bihar

2019-10-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63125 of 2019 Arising Out of PS. Case No.-662 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== VIVEK KUMAR Son of Sri Rajendra Sah @ Rajendra Kumar Sah Resident of Village - Baluaha Mahisarho, Ward No.- 5, P.S.- Mahishi, District - Saharsa, presently Sarahi, Ward No. 05, P.S. and District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 25(1-B)a, 26 and 35 of the Arms Act. Prosecution case, in short, is that one country made loaded pistol is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.7.2019 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one country made loaded pistol is recovered. No recovery of arms is made from the possession of the petitioner. The alleged arms is recovered from

Patna High Court CR. MISC. No.63125 of 2019(2) dt.14-10-2019 2/2 the possession of co-accused Dhirendra Kumar Singh. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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, Saharsa in connection with Saharsa Sadar P.S. Case No. 662 of 2019.

(Sudhir Singh, J) Pankaj/- U T