Patna High CourtCR. MISC./10701/2016rejected

Rakesh Singh v. The State Of Bihar

2016-03-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10701 of 2016 Arising Out of PS.Case No. -547 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Rakesh Singh Son of Sant Singh @ Sant Rai, Resident of Village - Bhaisahi, P.S. - Sasaram (Mufassil), District - Rohtas, Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. One country made rifle, 18 cartridges and other articles are said to have been recovered from conscious possession of the petitioner when he along with others had assembled to make preparation for committing dacoity. Petitioner does have criminal antecedent of near about eight cases of serious nature. Contention on behalf of the petitioner is that the seizure list does not show any recovery from conscious possession

Patna High Court Cr.Misc. No.10701 of 2016 (2) dt.08-03-2016 2/2 of the petitioner rather seizure list discloses that recovery was made near the house of co-accused, Amit Kumar, who has already been granted privilege of bail.

Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the petitioner on bail, at least, at this stage and hence, his prayer for bail in connection with Sasaram (Mufassil) P.S. Case No. 547 of 2015 pending in the court of learned Chief Judicial Magistrate, Rohtas, Sasaram stands rejected.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T