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Patna High CourtCR. MISC./59209/2017bail granted

Pritam Disuja @ Pritam Kumar And ANR v. The State Of Bihar

2017-12-19Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59209 of 2017 Arising Out of PS.Case No. -445 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Pritam Disuja @ Pritam Kumar,

2. Satyam Disuja @ Satyam Kumar, Both Sons of Ashok Yadav, Resident of Mohalla- Phulwarisharif Sabazpura, P.S.- Phulwarisharif, DistrictPatna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in connection with Pirbahore P.S. Case No. 445 of 2017, G.R. No. 5395 of 2017 for offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25 (1-b) a/26/35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that on information that some criminals have assembled at Mahendru Ghat, the police party conducted raid and apprehended eight persons including the petitioners. From the pant pocket of the petitioners, one live cartridge each was recovered from their

Patna High Court Cr.Misc. No.59209 of 2017 (3) dt.19-12-2017 2/2 possession.

It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and no overt act has been committed by them. He submits that one of the co-accused from whose possession two live cartridges were recovered has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 49861 of 2017 on 17.10.2017. He submits that charge-sheet has already been submitted and the petitioners are languishing in judicial custody since 23.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 445 of 2017, G.R. No. 5395 of 2017. (Nilu Agrawal, J) Devendra/- U T