Patna High CourtCR. MISC./17065/2017rejected

Shankar Ram @ Alam Jee @ Alamji @ Aalam Jee @ Aalamji v. The State Of Bihar

2017-05-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17065 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -NTPC KHAIRA District- AURANGABAD ======================================================

1. Shankar Ram @ Alam Jee @ Alamji @ Aalam Jee @ Aalamji, son of Late Tapeshwar Ram, resident of Village- Pipra, P.S.- Mali, DistrictAurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegedly after chase the petitioner and two other co-accused were apprehended and from the possession of the petitioner one loadeds Katta and from pocket of the petitioner two live cartridges were recovered.

Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner and he has been made victim of the circumstances. The petitioner has been made victim of police atrocity. Earlier also he

Patna High Court Cr.Misc. No.17065 of 2017 (2) dt.05-05-2017 2/2 was made accused in Arms Act in Nabinagar P.S. Case No. 108 of 2011, and again he has been implicated falsely. The petitioner has got no concern with any banned organization and as such the petitioner who is suffering in custody from 11.12.2016, deserves sympathetic consideration.

Learned A.P.P opposes the prayer of bail.

In the facts and circumstances stated above, at present I am not inclined to release the petitioner on bail. Accordingly, such prayer stands rejected.

However, the petitioner may renew his prayer for bail after remaining one year in custody.

(Jitendra Mohan Sharma, J) Ranjan/- U