Patna High CourtCR. MISC./56402/2017bail granted

Kameshwar Bind v. The State Of Bihar

2017-12-15Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56402 of 2017 Arising Out of PS.Case No. -20 Year- 1999 Thana -TIYAR District- BHOJPUR ====================================================== Kameshwar Bind son of Late Jagarnath Bind Resident of village - Deorath, Police Station - Tiyar, District - Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mrigendra Pratap Singh, Advocate For the Opposite Party : Mr. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for offence under sections 25(1-B)A and 26 of the Arms Act. The allegation is of recovery of a country made gun from the house of the petitioner.

Counsel for the petitioner submits that the seizure has been made in absence of the petitioner. Relying upon the seizure list, he submits that the same has neither been signed by any of his family member nor it has been served on him. He submits that the cognizance of the offence was taken in 2007. Even though no process was adopted to secure his presence. On coming to know about this case, he surrendered in the court on 1.8.2017. Counsel for the petitioner further submits that the petitioner is accused in one more case, details of which has been mentioned in paragraph 3.

In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten

Patna High Court Cr.Misc. No.56402 of 2017 (3) dt.15-12-2017 Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate V, Bhojpur at Ara on following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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