Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51353 of 2017 Arising Out of PS. Case No. -46 Year- 2017 Thana -NATIONAL HIGHWAY District- SAMASTIPUR ====================================================== Navin Kumar, son of Ashok Kumar Singh, Resident of Village- Fatehpur, P.S.- Musarigharari, District- Samastipur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dilip Kumar Roy, Advocate For the Opposite Party: Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 22.05.2017 in connection with National Highway Bangra P.S. Case No. 46 of 2017 for the offences alleged under Section 414 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.
3. It is submitted that the petitioner has been falsely implicated in connection with recovery of a pistol and two live cartridges from his possession. It is further submitted that the allegation under Section 414 of the IPC is not made out against the petitioner as there is no claimant for the motor-cycle in question. It is further submitted that the petitioner has been granted bail in only other case namely, Samastipur (Muffasil) P.S. Case No. 418 of 2016 in which he has been made accused during the period when he was in custody.
4. Having regard to the nature of accusations and gravity of the offence alleged as well as criminal antecedents of the petitioner, this Court is not inclined to grant privilege of bail to him at this stage. The bail petition stands dismissed with an observation that the petitioner may renew his prayer for bail after completion
Patna High Court Cr.Misc. No.51353 of 2017 (2) dt.09-11-2017 2/2 of nine months in custody.
(Vikash Jain, J) B.T/Chandran U T