Sujeet Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68814 of 2018 Arising Out of PS. Case No.-211 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Sujeet Mishra, Son of Badri Narayan Mishra, Resident of Mohalla- Kathautia Gali, P.S.- Chowk, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parwej Khan For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Chowk P.S. Case No. 211 of 2018 registered for the offence punishable under Sections 25(1-b), a & 26 of the Arms Act.

Allegation against petitioner is of recovery of one country made pistol and five live cartridges from his house. However, seizure was made in his absence and earlier his nephew has instituted a case against petitioner of firing upon him but he sustained no injury and subsequently police raided his house and present FIR under Arms Act is instituted, except these two cases petitioner is not accused in any other case. Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.68814 of 2018(2) dt.29-11-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Patna City, in connection with Chowk P.S. Case No. 211 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T