Patna High CourtCR. MISC./3733/2018rejected

Hasmuddeen @ Hasmuddin v. The State Of Bihar

2018-02-17Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3733 of 2018 Arising Out of PS. Case No.-205 Year-2017 Thana- BARAULI District- Gopalganj ====================================================== Hasmuddeen @ Hasmuddin Son of Tabarak Miyan Resident of VillageKotwan, P.S. Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. SRI ARBIND KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Barauli P.S. Case No.205 of 2017, corresponding to G.R. No.3657 of 2017, registered under Sections 399 and 402 of the Indian Penal Code as well as under Sections 25(1-B)a, 26 and 35 of the Arms Act.

Allegation in brief is that large number of miscreants had assembled at the house of the petitioner with arms and making plan for committing dacoity and one country made carbine with magazine and four rounds of live cartridges of 9 M.M. were recovered near the veranda of the house of the petitioner. Learned counsel for the petitioner submits that the recovery is not from the conscious possession of the petitioner,

Patna High Court Cr.Misc. No.3733 of 2018(4) dt.17-02-2018 2/2 other co-accused from whose possession live cartridges were recovered have been admitted to bail and the petitioner has no criminal antecedent.

Having considered the said facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Barauli P.S. Case No.205 of 2017, corresponding to G.R. No.3657 of 2017, pending in the court of learned A.C.J.M.-13th, Gopalganj, with an observation that the petitioner may renew his prayer of bail after framing of charge.

(Arun Kumar, J) S.KUMAR/- U T