Patna High CourtCR. MISC./19291/2018bail granted

Laddu Singh @ Sameer v. The State Of Bihar

2018-05-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19291 of 2018 Arising Out of PS.Case No. -125 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Laddu Singh @ Sameer S/o Shambhu Singh, R/o Village- Choubey Ambara, P.S.- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shyameshwar Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Motipur P.S. Case No. 125 of 2017 registered under Section 399, 402 & 412 of the Indian Penal Code, Section 25 (1-b)A, 26 and 35 of the Arms Act, Section 20 & 22 of NDPS Act and Section 30 (a) & 37 (a) of the Bihar Prohibition and Excise Act, 2016.

Petitioner is said to have been apprehended with country made pistol and four live cartridges and five Diazepam injection.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and no such occurrence as alleged ever took place. He has been falsely implicated in this case

Patna High Court Cr.Misc. No.19291 of 2018 (03) dt.18-05-2018 - 2 - at the instance of his enemy by planting the aforesaid recovery from his possession. No incriminating article has been recovered from his conscious physical possession. Though two more criminal cases have been lodged against the petitioner but he is on bail in the aforesaid cases. The petitioner has been languishing in custody since 13.05.2017. Similarly situated co-accused Guddu Singh from whose possession arms and ammunitions and some narcotic substance was recovered has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 63408 of 2017 vide order dated 17.02.2018.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rdAdditional Sessions Judge-cum-Special Judge Excise, Muzaffarpur in connection with Motipur P.S. Case No.125 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T