Deepak Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81375 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== DEEPAK BAITHA, aged about 30 years, Male, Son of Birendra Baitha, Resident of Village- Kuriya, P.S.- Pipra, District- East Champaran, Motihari ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Narain Sinha, Adv.

For the Opposite Party :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Adapur P.S. Case No. 163 of 2019, registered under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that in course of patrolling duty, two persons were seen on motorcycle. On giving the signal to stop the motorcycle, both started to flee away. On chase, they were apprehended, who disclosed their names as Deepak Baitha (petitioner) and Raju Sahni. On search, petitioner was found in possession of one country made pistol and three live cartridges with four pieces of Rs.500/- denomination of Nepali currency. Submission is that the petitioner has falsely been implicated in this case and he is in custody since 28.06.2019, thereafter, the petitioner was also remanded in Adapur P.S. Case

Patna High Court CR. MISC. No.81375 of 2019(2) dt.14-01-2020 2/2 No. 157 of 2019, registered under Sections 395 and 397 of the Indian Penal Code and 27 of the Arms Act.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Adapur P.S. Case No. 163 of 2019 to the satisfaction of the Subdivisional Judicial Magistrate, Raxaul, Motihari, subject to the condition that out of two bailors, one must either be parent or close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T