Rambabu Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.14850 of 2015 (2) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14850 of 2015 Arising Out of PS.Case No. -123 Year- 2014 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rambabu Prasad Son of Shankar Prasad, Resident of villageNarayanpur, P.S.- Rajepur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s Mr. Shailendra Kumar-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

It is alleged that one country made loaded pistol and three live cartridges were recovered from the conscious possession of the petitioner and thereafter, nexalite pamphlets and others articles were recovered from his house.

Petitioner carries criminal antecedent of five cases and said to be area commander.

Admittedly, petitioner in jail custody since 23.11.2014 for the above stated recovery.

The contention on behalf of the petitioner is that petitioner has been implicated due to his previous antecedent and, as a matter of fact, nothing was recovered either from his conscious possession or from his house.

Considering the period of detention of the petitioner in jail

Patna High Court Cr.Misc. No.14850 of 2015 (2) dt.09-04-2015 custody as well as facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sikrahana at Motihari, East Champaran in Rajepur P.S. Case no. 123/2014.

shahid (Hemant Kumar Srivastava,J) U T