Patna High CourtCR. MISC./16350/2018bail granted

Niwas Kumar v. The State Of Bihar

2018-04-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16350 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Niwas Kumar, Son of Kamla Prasad, Resident of Village- Jagdishpur Tiyari, P.S.- Noorsarai, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Mr. Pankaj Kumar For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-04-2018 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Nalanda P.S. Case No. 171 of 2017 registered for the offences punishable under Sections 25(1-B)A,26,35 of the Arms Act and Section 3⁄4 of the Explosive Act.

Learned Senior Counsel for the petitioner submits that there is no recovery of arms from the petitioner but he has been falsely implicated in this case after having been implicated in another case being Nalanda P.S. Case No. 170 of 2017. It is submitted that in the said case, the petitioner has already been extended the privilege of anticipatory bail by a Bench of this Court vide order dated 13.02.2018 passed in Cr. Misc. No. 7034 of 2018. It is further submitted that once named in the aforementioned case, he has also been named in connection with the present case on the basis of the confessional statement of co-accused and there is no material to implicate him, save and except, the said statement.

Patna High Court Cr.Misc. No.16350 of 2018 (2) dt.05-04-2018 2/2 Considering the entire facts and circumstances of the case, let the petitioner in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Nalanda, Biharsharif, in connection with Nalanda P.S. Case No. 171 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T