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Patna High Court - Orders

Chhotu Singh vs The State Of Bihar on 10 May, 2018

Author: Nilu Agrawal

Bench: Nilu Agrawal

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.28101 of 2018
                     Arising Out of PS. Case No.-39 Year-2018 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
                 Chhotu Singh son of Dinanath Singh Resident of Mohalla - Anjabit Singh
                 College Road, Ward No. 12, P.S. - Bikramganj, District - Rohtas.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surendra Kumar Mishra
                 For the Opposite Party/s :      Mr. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
                                       ORAL ORDER

2   10-05-2018

Petitioner is permitted to make correction in paragraph 11 of this application.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Bikramganj P.S. Case No. 39 of 2018 for offences punishable under Sections 25(1-b) a/26/35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on information that some persons are dealing in wine, the police raided the place. Five persons managed to flee away and one was apprehended, but on chase all were apprehended and from the possession of co-accused Vivek Kumar one country-made pistol was recovered. However, nothing was recovered from the possession of the petitioner. Patna High Court Cr.Misc. No.28101 of 2018(2) dt.10-05-2018 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and the excise case in which he has been made accused being Vikramganj P.S. Case No. 38 of 2018 relates to the same occurrence on the same day and apart from that he has no criminal history. He submits that nothing has been recovered from the possession of the petitioner, arms has been recovered from the possession of another co-accused and he is in judicial custody since 26.02.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bikramganj, in connection with Bikramganj P.S. Case No. 39 of 2018.

(Nilu Agrawal, J) Rajesh/-

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