Nirmal Kumar Sinha @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32285 of 2016 Arising Out of PS.Case No. -160 Year- 2016 Thana -MALSALAMI District- PATNA ====================================================== Nirmal Kumar Sinha @ Bittu , s/o Bishwanath Prasad Sinha, resident of Vindyawasani Nagar behind Sonali Petrol Pump Kumhrar, P.S. Agam Kuan district Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2016 Heard Sri Pramod Kumar Singh, learned counsel for the petitioner and Smt Indu Kumari Srivastava, learned A.P.P. The sole petitioner, who is in custody since 12.6.2016 in Malsalami P.S. Case No. 160 of 2016 registered for the offence under section 10(A), 10(B), 11, 12, 13, 20 of the Unlawful Activities (Prevention) Act, 1967, section 17 of the Criminal Law Amendment Act and Section 25(I-B) and 26/ 35 of the Arms Act has prayed for grant of bail.

By way of referring to the F.I.R. Sri Singh, learned counsel for the petitioner submits that petitioner was apprehended near Sonali Petrol Pump. At the time of apprehension of the petitioner nothing was shown to be recovered. He submits that recovery was made from possession of one Ajay Yadav who was arrested in Malsalami and as such so far petitioner is concerned

Patna High Court Cr.Misc. No.32285 of 2016 (2) dt.19-08-2016 2/2 no offence is made out. On the aforesaid ground a prayer has been made for grant of bail .

Fact remains that on secret information regarding movement of maowadi the petitioner was apprehended. After his apprehension he made disclosure and on his disclosure Ajay Yadav was arrested from whose possession huge quantity of arms were recovered. In this case others were also arrested. On perusal of the petition it appears that petitioner is having criminal antecedent which fact has been mentioned in paragraph no. 3 of the petition. Keeping in view the nature of accusation, I do not find any ground to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T