Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41742 of 2016 Arising Out of PS.Case No. -180 Year- 2016 Thana -MALSALAMI District- PATNA ====================================================== Anil Kumar, son of Bishun Dev Rai resident of Didarganj, Chekpost under over Bridge P.S. Didarganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-12-2016 Heard Sri S.K.Lal, learned counsel, who was assisted by Sri Pramod Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The petitioner, who is in custody since 07.07.2016 in Special Case No.38/2016 arising out of Malsalami P.S. Case No.180/16 registered for the offence under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20/ 22 of the N.D.P.S.Act, has prayed for grant of bail.

Learned counsel for the petitioner submits that of course, it was alleged that the petitioner along with others had assembled for committing dacoity, from his possession only two cartridges were recovered. Besides two cartridges about 1 Kg of

Patna High Court Cr.Misc. No.41742 of 2016 (3) dt.06-12-2016 2/2 Ganja, which is just about smaller quantity of Ganja, was also recovered. He further submits that petitioner is having clean antecedent, which fact has been stated in paragraph-3 of the present petition. The petitioner is in custody since 07.07.2016. Keeping in view the nature of accusation, at the moment, I am not inclined to extend the privilege of bail. However, liberty is granted to the petitioner to renew his prayer for bail after completion of eight months in judicial custody. (Rakesh Kumar, J) NKS/- U T