Md. Rizvi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30896 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Md. Rizvi, son of Md. Ali, resident of Mohalla-Dargah Road Neemtal, P.S. Sultanganj, District Patna. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Dipak, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks regular bail in connection with Danapur P.S. Case No.4 of 2017 registered for the alleged offences under Sections 399, 402 and 414 of the Indian Penal Code and Section 25 (1-B) (a), 26 & 35 of the Arms Act. As per the prosecution case, the petitioner along with other accused persons were intercepted by the police on a motorcycle and a country made pistol and live cartridge is said have been recovered from the possession of the petitioner. It has been submitted by learned counsel for the petitioner there is no specific allegation against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. He has been languishing in jail custody since 05.01.2017.
Patna High Court Cr.Misc. No.30896 of 2017 (02) dt.06-07-2017 2/2 In the facts and circumstances of the case, as a country made pistol and live cartridge have been recovered from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail at present. However, he may renew his prayer for bail after completion of four months or after framing the charge, whichever happens earlier.
Accordingly, this application is rejected.
(Prakash Chandra Jaiswal, J) Trivedi/- U T