Patna High CourtCR. MISC./18616/2017rejected

Bipin Kumar @ Bipin Rai v. The State Of Bihar

2017-05-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18616 of 2017 Arising Out of PS.Case No. -475 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Bipin Kumar @ Bipin Rai, S/o Bucha Rai R/o Village- Diwan touk, P.S. - Ganga Bridge, Distt- Vaishali at Hajipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in connection with Town Hajipur (Vaishali) P.S. Case No. 475 of 2016, registered under Sections 399, 402, 414, 467, 420 and 472 of Indian Penal Code, Section 20 and 22 of the N.D.P.S. Act and Section 25 (1-B)A, 26 II, 35 of the Arms Act, pending in the Court of 1st Addl. Sessions Judgecum-Special Judge, Vaishali at Hajipur. The accusation is that on receiving secret information by the Police about gathering of the miscreants for planning to commit heinous crime at fish market. The Police reached there and seven persons, including the petitioner, were apprehended. After search, 3 kg Ganja was recovered from the possession of Sanjay Kumar and 03 Kg Ganja was recovered from the possession of petitioner Bipin Kumar, 02 Kg 10 Gram Ganja was recovered from the possession of Rahul

Patna High Court Cr.Misc. No.18616 of 2017 (2) dt.10-05-2017 2/2 Kumar and arms and ammunitions were recovered from the possession of Vikram Kumar, Vishal Kumar, Ravindra Kumar and Suresh Kumar. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. Further submission is that, in fact, at the time of search of fish market, miscreants fled away after throwing Ganga and petitioner, who was present there for purchasing the fish has been apprehended. The petitioner is in custody since 12.07.2016. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T