Kaushal Kishore Mehta @ Babloo Mehta And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30778 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================
1. Kaushal Kishore Mehta @ Babloo Mehta Son of Anoop Lal Mehta resident of Jalasa Bhitta Tola, Ward No. 9, P.S. Sonbarsa (Kash Nagar O.P.), District Saharsa.
2. Raj Kishore Singh Son of Siyaram Singh resident of Village - Banilal Basa, Ward No. 9, P.S. Sonbarsa (Kash Nagar O.P.), District Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with UdaKishunganj P.S. Case No. 21/2018 registered for offences punishable under sections 25(1-b) a, 26, 35 of the Arms Act. The informant is Police Officer. In FIR it has been alleged that these petitioners while travelling in their car were intercepted by Police after some chase, as they did not stop their vehicle on the signal of police. It is further alleged that one country made loaded firearm was recovered from the possession of each of the petitioners.
It has been submitted that the petitioners were driving
Patna High Court Cr.Misc. No.30778 of 2018 (3) dt.06-07-2018 2/2 the car and as they did not stop their vehicle on account of being midnight, the Police chased and apprehended them and out of annoyance, lodged the present case with false and frivolous allegation. Further submission is that no incriminating material has been recovered from the possession of either of these petitioners. The petitioners are in custody since 25.01.2018 having clean antecedent. The learned Additional Public Prosecutor on the other hand opposed the submission.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Uda-Kishunganj, Madhepura in connection with Uda-Kishunganj P.S. Case No.21/2018, subject to the 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 cooperate in the disposal of trial and make himself available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T