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Patna High CourtCR. MISC./84070/2019bail granted

Pintu Sao v. The State Of Bihar

2020-01-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84070 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- ROSHANGANJ District- Gaya ====================================================== PINTU SAO Son of Late Harihar Saw Resident of Village - Parsachunyan, P.S. - Roushanganj, District - Gaya (Bihar).

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Raushanganj PS Case No. 154 of 2019 registered under Sections 25(1-AA) of the Arms Act. On receiving secret information it is alleged that the informant proceed to conduct a raid. During search of petitioner's house, it is alleged that 95 rounds of rusted cartridges were found in a plastic box. One rusted bolt of rifle in broken condition with springs were also found and seized. It is on such allegation that the petitioner was taken in to custody on 27.8.2019 and from that date he continues to be in jail.

Petitioner's Counsel submits that even as per allegations in the FIR recovery was in his absence. He denies and disputes the recovery and submits that he has no connection with the same. It is a case of false implication and that no recovery was made from his conscious physical possession. Earlier he had been made accused in a case under Section 498A in which he is on bail. APP opposes the prayer for bail.

Patna High Court CR. MISC. No.84070 of 2019(2) dt.16-01-2020 2/2 Considering the aforesaid submissions the petitioner's prayer for bail is allowed.

Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Sherghati, Gaya in Raushanganj PS Case No. 154 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T