Lalo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.21965 of 2016 (2) dt.19-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21965 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Lalo Yadav son of Late Rooplal Yadav, resident of Village- Ram Tola Kothi, P.S. Muffasil, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashish Giri For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.01.2016 in connection with Khagaria (Mufassil) P.S. Case No. 53 of 2016 (G.R. No. 186 of 2016) for the alleged offences under Sections 25(1-b) a/26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of a statement given under Section 161 Cr.P. C. being a charge sheet witness in Sessions Case No. 125 of 2015 instituted against one Manoj Yadav and others by one Sushila Devi. It is further submitted that the alleged seizure from the roof of the petitioner's house is doubtful as the witnesses to the seizure list are not the

Patna High Court Cr.Misc. No.21965 of 2016 (2) dt.19-05-2016 independent witnesses.

4. Considering however, that the country made pistol with cartridges are said to have been recovered from the roof of the house belonging to the petitioner, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

(Vikash Jain, J) Chandran U T