Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5110 of 2017 Arising Out of PS.Case No. -364 Year- 2016 Thana -WAJIRGANJ District- GAYA ======================================================

1. Bipin Kumar, son of Jagadeo Prasad, Resident of Village- Bahuara, P.S.- Mimchak, Bathani, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 Heard the parties.

This application is for grant of bail in connection with Wazirganj P.S.Case No.364 of 2016 for the offence under Sections 25(1-b)a, 26 & 35 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner is that one country-made Revolver has been recovered from the possession of the petitioner. Now he is in custody for about 4 1⁄2 months and though there are two other cases also, in which he has been made accused on the basis of confessional statement of the co-accused .

Heard learned A.P.P. also, who has opposed the prayer for bail stating that there is criminal antecedent against the petitioner.

Patna High Court Cr.Misc. No.5110 of 2017 (2) dt.15-02-2017 2/2 Having heard both sides. In view of the facts as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail before the court below itself after completion of six months in custody and the court below will consider the period of custody along with other materials and will pass an appropriate order on the same day without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U