Bipin Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14565 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bipin Sah, son of Late Gangajal Sah, resident of Village- Ghanshyam Pakadi, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard the parties.
This application has been filed in connection with Pipra P.S.Case No.165 of 2016 for the offence under Sections 25(1b)a/26 of the Arms Act. Submission of the learned counsel of the petitioner is that only one cartridge was recovered from the possession of the petitioner and he is in custody for about six months. In respect of the criminal antecedent, it has been submitted that earlier he had been made accused in one case and thereafter, another case has also been filed against him with respect to Section 27 of the Arms Act.
Heard learned A.P.P. also.
Having heard both sides and in view of the fact that only
Patna High Court Cr.Misc. No.14565 of 2017 (2) dt.30-03-2017 2/2 one cartridge has been recovered and he is in custody for about six months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Motihari in connection with Pipra P.S.Case No.165 of 2016. With 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 co-operate 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.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U