Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35889 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pradeep Kumar Son of Nanhak Rai, resident of Village- Barka Pakhi, P.S. Lakhaura, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anshu Dhar Sharma For the Opposite Party/s : Mr. Kalyan Sankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code, Sections 25(1-b)a, 25(1-A), 25AA, 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

27 litres of Nepali wine and two live cartridges are said to have been recovered from the joint possession of the petitioner and Bijay Kumar.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.35889 of 2018 (2) dt.29-06-2018 2/2 conscious physical possession of the petitioner. No fire arm has been recovered from his possession and without any fire arm, cartridge is useless. He has no concern with the seized articles. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. Though one more criminal case has been lodged against the petitioner, but he is on bail in the aforesaid case. He has been languishing in custody since 05.02.2018. Similarly situated coaccused, namely, Bijay Kumar has been enlarged on bail by this court vide order dated 26.04.2018 passed in Cr. Misc. No. 18489 of 2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-VII cum Special Judge, East Champaran, Motihari in connection with Mahuawa / Chhouradano P.S. Case No. 27 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T