Pankaj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68271 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Pankaj Ram, S/o Upendra Ram, Resident of village- Rajganj, P.S.- Bihariganj, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Alok Kumar Singh For the Opposite Party/s :

Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 25(1-b)a/26 of the Arms Act and Section 30 (a) (b) of the Bihar Prohibition and Excise Act, 2016.

Petitioner was apprehended in inebriated condition and two loaded country made pistols, two life cartridges, one empty cartridge and one knife 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

Patna High Court Cr.Misc. No.68271 of 2018(2) dt.28-11-2018 2/2 concern with the seized article. He has been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery from his possession. He happens to be a teetotaler and never consumed liquor. Earlier the prayer for bail of the petitioner was rejected vide order dated 23.08.2018 with a liberty to renew his prayer after framing of charge and now in the case the charge has been framed on 18.09.2018. He has no criminal antecedent and has been languishing in custody since 17.03.2018.

On the other hand learned APP opposed the bail petition.

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 like amount each to the satisfaction of learned Additional District and Sessions Judge-II cum Special Judge, Excise Act, Madhepura in connection with Bihariganj P.S. Case No. 56/2018.

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