Prithvi Vishwakarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11536 of 2018 Arising Out of PS.Case No. -294 Year- 2017 Thana -MADANPURA District- AURANGABAD ======================================================
1. Prithvi Vishwakarma, Son of Sri Kedar Vishwakarma @ Kedar Mistri, Resident of Village-Wakilganj, P.S. Madanpur, District-Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-02-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.
Petitioner, already in custody, seeks bail in Madanpur PS Case No. 294 of 2017, registered under Section 386 of the IPC, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 17 of the CLA Act.
The allegation in brief is that naxalites asked for leavy from the contractor, information was given to the police which led trap and apprehended two persons going on the road and recovered a country made loaded pistol, twenty thousand rupees from possession of one of the accused and from this petitioner one mobile and posters from the plastic bag kept by him.
Submission is that the petitioner was going on the road, apprehended and it is not the case that he was apprehended from the office of the contractor, no arm has been recovered from possession of the petitioner, he does not have any similar criminal antecedent except two cases; one of the year 2007 under Section 302 IPC and another under the Excise Act. The petitioner is in custody since 16.12.2017.
Patna High Court Cr.Misc. No.11536 of 2018 (2) dt.27-02-2018 Having considered the said facts and circumstances, the petitioner Prithvi Vishwakarma is directed to 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 CJM Aurangabad in connection with Madanpur PS Case No. 294 of 2017. (Arun Kumar, J.) Snkumar/- U T