Patna High CourtCR. MISC./20129/2015rejected

Abhishek Bharti v. The State Of Bihar

2015-07-07Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20129 of 2015 Arising Out of PS.Case No. -431 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Abhishek Bharti Son of Late Arun Kumar Bharti resident of village - Vidya Jhap P.S. Sakra, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar For the Opposite Party/s : Mr. Dr.Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Motipur P.S. Case No. 431 of 2014 registered under sections 414 IPC, sections 25(1-B)A, (26(ii) and 35 of the Arms Act as well as section 20/22 of the NDPS Act.

On getting information about robbery of the pick up van of the informant the police arrived at the scene. Seeing the police party the miscreants tried to flee away. On chase, the accused persons including the petitioner were apprehended in suspicious circumstances. From the possession of the petitioner one loaded country made pistol, two mobile phones and three strips of Ativan of 2 mg and some tablets were recovered.

Patna High Court Cr.Misc. No.20129 of 2015 (2) dt.07-07-2015 2/2 The contention of the petitioner is that he has already remained in custody though there are few criminal cases pending against him, one of them is of trivial nature. Learned APP opposing the prayer points out that not only the fire arms but also some intoxicating tablets were recovered.

Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. His prayer for bail is accordingly rejected. He however may renew his prayer for bail in the court below after expiry of five months if the prosecution witnesses are not examined.

(Kishore Kumar Mandal, J) HR/- U T