Vinay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18857 of 2018 Arising Out of PS. Case No.-727 Year-2017 Thana- Ahiyapur District- Muzaffarpur ====================================================== Vinay Kumar Rai, S/o Harikant Roy, R/o Village - Hetampur, P.S. - Patori, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Gupta For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

16-05-2018 Heard Sri Saket Gupta, learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned Addl. Public Prosecutor.

The sole petitioner has prayed for grant of bail in Ahiyapur P.S. Case No. 727 of 2017 registered for offence under Section 414 of the Indian Penal Code, Sections 25(1-b)a/25(1AA)/25(1-AAA)/26(II)/35 of the Arms Act, 1959, Section 8/20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has incorrectly been shown to be found in a vehicle, which was loaded with about 21.3 Kg. of Ganja. Besides this, it has been alleged that from possession of the petitioner, one

Patna High Court Cr.Misc. No.18857 of 2018(5) dt.16-05-2018 2/2 loaded country-made pistol with two live cartridges as well as 9 liters of Indian make foreign liquor were recovered. Learned counsel for the petitioner tried to persuade the Court, by way of referring to statement made in paragraph - 3 of the petition that petitioner is having clean antecedent.

However, considering the weight of recovered Ganja as well as arms from possession of the petitioner, there is no reason to pass favourable order.

The prayer for bail stands dismissed.

(Rakesh Kumar, J.) anay U T