Prakash Bandhu @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6773 of 2018 Arising Out of PS.Case No. -194 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Prakash Bandhu @ Golu Kumar, son of Vikramaditya Prasad Singh, resident of Village- Rohua Apuch, P.S. Mushahari, District- Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 16.10.2017 in a case for the offence registered under Sections 290 of the IPC, 25(1-b)a, 26 of the Arms Act and 37 (c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that one country made pistol and two live cartridges is said to have been recovered. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been

Patna High Court Cr.Misc. No.6773 of 2018 (4) dt.27-02-2018 2/2 implicated in the present case. It is alleged that the petitioner was apprehended in drunken state alongwith one country made pistol alongwith two live cartridges. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Muzaffarpur, in connection with Mushahari P.S. Case No. 194 of 2017.

U.K./- (Sudhir Singh, J) U T