Makhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75784 of 2018 Arising Out of PS. Case No.-112 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Makhan Singh, Son of Late Baij Nath Singh, Resident of Village- Bangara, P.S.- Daudpur, District- Saran at Chhapra.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered under Sections 399, 402 of Indian Penal Code read with Sections 25 (1-b) a, 26, 35 of Arms Act.

It is submitted by the petitioner's counsel that one country made loaded pistol is alleged to have been recovered from the petitioner. The petitioner is having criminal antecedent and he has been implicated in another case also which is mentioned in paragraph 3 of the petition. It is further submitted that the petitioner has been falsely implicated and the prosecution case is at the instance of the agnates of the petitioner with whom he is having some property dispute.

Patna High Court Cr.Misc. No.75784 of 2018(2) dt.17-12-2018 2/2 Petitioner is in custody since 25.06.2018.

Considering the aforesaid submissions and the facts and circumstances of the case, petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 01st Class, Saran at Chapra in Daudpur Police Station Case No 112 of 2018 dated 24.06.2018 subject to the following conditions:

(1) 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.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T