Rampukar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30813 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAMPUKAR SAHANI SON OF BHUKHAL SAHANI R/O VILLAGEJHAKRA BALUA, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414, 420, 467, 468 and 34 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20, 23 and 25 of the NDPS Act.

As per the prosecution case, seeing the police personnel the three accused persons including the petitioner herein made an attempt to escape but were caught. It is stated that while 1.6 kgs of charas was recovered from possession of the two accused persons, from possession of the petitioner a loaded country made pistol with a live cartridge was recovered. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.30813 of 2021(3) dt.20-12-2021 2/2 that no incriminating article has been recovered from the petitioner's possession who is in custody since 18.1.2021 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that from the three accused persons including the petitioner herein on being caught 1.6 kgs of charas was recovered from their possession besides a loaded country made pistol having been recovered from the petitioner's possession, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Prakash/- U