Jai Prakash Singh @ Jay Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4997 of 2017 Arising Out of PS.Case No. -534 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Jai Prakash Singh @ Jay Prakash Singh S/o Tarkeshwar Singh, Resident of Mohalla-Pratap Nagar, Ward No. 13, Lane No. 186, Mohania, P.S.- Mohania, District-kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Mohania P.S. Case No. 534 of 2016 instituted for the offence under Section(s) 25(1B), a, 26 of the Arms Act and Sections 37(1)(2) of Bihar Excise(Amendment) Act, 2016.

It is alleged that petitioner was found in the house in intoxicated condition and police also seized one country made pistol in which four cartridges were loaded from the house of this petitioner.

The case diary has been received.

Learned counsel for the petitioner has referred to para 3 of the case diary where the doctor has stated that mouth

Patna High Court Cr.Misc. No.4997 of 2017 (3) dt.09-03-2017 2/2 analyzer machine is not available and there is no facility for estimation of blood alcoholic condition through blood test at District Headquarters also.

This Court is unable to accept such type of report submitted by the doctor.

It has further been submitted that when no any substantive proof was made available to the police about the petitioner being in intoxicated condition then he has falsely been implicated for possessing fire arm.

The petitioner is in custody since 16.11.2016. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 534 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Shageer/- U T