Ajeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.53945 of 2017 (2) dt.15-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53945 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Ajeet Kumar, Son of Sanjay Chandrabanshi, resident of village- Dadhpa, P.S. Kutumba, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranvijay Narain Singh For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Aurangabad Town P.S. Case no. 240 of 2017 registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. On a tip off of convergence of some miscreants for plundering the jewelry shop, the police apprehended the petitioner giving chase and recovered and seized one loaded country made pistol and one live cartridge from his possession. It is submitted by the learned counsel for the petitioner that no incriminating article has been recovered from

Patna High Court Cr.Misc. No.53945 of 2017 (2) dt.15-11-2017 his conscious physical possession. Seizure list witnesses are not the independent witnesses rather police personnel. The petitioner has been languishing in custody since 28.07.2017. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer is rejected.

However, the petitioner may renew his prayer for bail after four months or framing of charge, whichever happens earlier.

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