Lala Mistari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17023 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ====================================================== Lala Mistari, Son of Mahabir Mistari, Resident of Village- Pakadi, P.S.- Goh, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Rafiganj P.S. Case No. 131 of 2016 registered for the offences punishable under sections 25(1-b)a, 26, 35 of the Arms Act and 17 of the C.L.A. Act.

Allegedly, the police acting on a tiff conducted a raid and the petitioner and others were apprehended and on search from possession of the petitioner one country-made three-nut loaded pistol with .315 live cartridges besides three cartridges and a cash of Rs. 590/- were recovered. The petitioner confessed his guilt and stated that he is involved in several insurgent activities. Submission is false implication and the petitioner is

Patna High Court Cr.Misc. No.17023 of 2017 (2) dt.03-05-2017 2/2 suffering in custody since 28.10.2016. Nothing has been recovered from the conscious possession of the petitioner and other coaccused have been allowed bail and as such the petitioner also deserves sympathetic consideration. The police has recorded his confessional statement after adopting third degree method which has got no evidentiary value in the eye of law. The learned A.P.P. fairly submits that the petitioner has remained in custody more than six months. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned CJM, Aurangabad, in connection with Rafiganj P.S. Case No.

131 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Ravi/- U T