Patna High CourtCR. MISC./44814/2017disposed

Ram Niwash Yadav v. The State Of Bihar

2017-09-15Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.44814 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44814 of 2017 Arising Out of PS.Case No. -146 Year- 2017 Thana -MANIHARI District- KATIHAR ======================================================

1. Ram Niwash Yadav Son of Late Prameshwar Yadav, resident of VillageMirzapur, Police Station- Manihari, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-09-2017 The petitioner seeks regular bail in connection with Manihari P.S. Case No. 146 of 2017, registered for offences punishable under Sections 25(1-b)a/26 of the Arms Act and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016. Allegation is of recovery of 62 liters of foreign liquor. It has been submitted on behalf of the petitioner that petitioner's name has transpired in this case on the basis of confessional statement of co-accused and nothing has been recovered from the possession of the petitioner and so far allegation under the above mentioned Section of Arms Act is concerned, it is submitted that the recovery has been made from the co-accused of this case and not from the petitioner. Further petitioner has been in judicial custody since 19.05.2017.

Patna High Court Cr.Misc. No.44814 of 2017 (2) dt.15-09-2017 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also that petitioner has criminal antecedent as he is accused in six other cases, as such, this application is disposed of with the direction to the court below to release the petitioner to his own satisfaction once petitioner completes six months in judicial custody.

(Vinod Kumar Sinha, J) sunil/- U T