Md. Rizvi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5986 of 2018 Arising Out of PS.Case No. -4 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Md. Rizvi, Son of Md Ali @ Md. Alim, Resident of Mohalla- Dargah Road Neemtal, Police Station- Sultanganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar, Advocate. For the Opposite Party/s : Mr. Pranav Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Danapur P.S. Case No. 04 of 20147 registered under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The petitioner along with other accused persons were intercepted by the police on motorcycle and a country made pistol and live cartridge is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no criminal

Patna High Court Cr.Misc. No.5986 of 2018 (3) dt.21-02-2018 2/2 antecedent. He has been falsely implicated in the case. He has been languishing in custody since 05.01.2017. Earlier bail prayer of the petitioner was rejected by this Court vide order dated 06.07.2017 with liberty to renew the same after completion of four months or after framing of charge whichever happens earlier, but charge in the case has yet not been framed.

In the facts and circumstances of the case, 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 Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 04 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T