Gagan Kumar Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71637 of 2018 Arising Out of PS. Case No.-332 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Gagan Kumar Pathak, S/o Devkant Pathak, R/v Budhivan, P.S.- Bhagwnapur Teyay O.P., Dist.- Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha, Adv.
For the Opposite Party/s :
Mr.(Dr.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 19.07.2018 in a case registered for the offence punishable under Sections 25(1-B)a, 26, 35 of the Arms Act. It is alleged that from the possession of the petitioner one country made pistol loaded with cartridge were recovered. It is submitted by learned counsel for the petitioner that the petitioner has maliciously been roped in the present case and the investigation has already been concluded. It is further submitted that a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Patna High Court Cr.Misc. No.71637 of 2018(3) dt.31-01-2019 2/2 Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the fact that the investigation has already been concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, in connection with Barauni P.S. Case No.332 of 2018.
(Dinesh Kumar Singh, J) Ashwini/- U T