Rafi Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3580 of 2016 Arising Out of PS.Case No. -135 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================

1. Rafi Alam Son of Manjur Alam Resident of Village- Jagdish Barari, Police Station- Uchkagaon, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is said to have been caught and country made loaded katta and cartridge are recovered from conscious possession of the petitioner when he along with others had assembled to make preparation for committing dacoity. Contention on behalf of the petitioner is that petitioner is in jail custody since 28.07.2015 and the so-called recovery is nothing but only highhandedness of the police. No doubt, petitioner carries criminal antecedent of two cases but it appears that both the aforesaid cases had been lodged in the year 2013.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.3580 of 2016 (2) dt.04-02-2016 2/2 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Gopalganj/concerned court in connection with Hathua P.S. Case No. 135 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T