Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7097 of 2017 Arising Out of PS.Case No. -132 Year- 2016 Thana -SAHPUR District- PATNA ====================================================== Md. Naushad, son of Md. Ashif, resident of Village - Saguna More, Chhoti Haweli, Police Station - Danapur, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Shahpur P.S.Case No. 132 of 2016 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. Submission of learned counsel for the petitioner is that nothing has been recovered from the possession of the petitioner and he has falsely been implicated in this case and has remained in custody for more than five months.

Heard learned APP also, who has opposed the prayer for bail stating that petitioner has criminal antecedent as against him same type of two cases have been lodged.

Having heard both sides and considering the fact that

Patna High Court Cr.Misc. No.7097 of 2017 (2) dt.20-02-2017 2/2 petitioner has been arrested at the spot and though there is no recovery but criminal antecedent against the petitioner is there, I am not inclined to grant bail to the petitioner. However, he may renew his prayer for bail after framing of charge in this case. With the aforesaid observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U