Nek Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21833 of 2016 ====================================================== Nek Mohammad, son of Late Tabarak, resident of village- Barewa, P.O. + P.S.- Dhaka, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Patahi P.S. Case No. 08 of 2016 registered under Sections 399, 402, 414 of the Indian Penal Code, 25(1-B)(a), 26 and 35 of the Arms Act.

It is submitted by the learned counsel for the petitioner that due to political rivalry, the petitioner has been implicated in a false case.

On the other hand, learned APP for the State has submitted that the petitioner is a habitual offender and one country-made loaded pistol and three live cartridges are alleged

Patna High Court Cr.Misc. No.21833 of 2016 (2) dt.20-05-2016 2 / 2 to have been recovered from his possession.

Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present even though he is in custody since 3rd February, 2016. In case the trial is not completed within seven months from the date of framing of charge, the petitioner would be at liberty to renew his prayer for bail.

(Ashwani Kumar Singh, J.) Sanjeet/- U T