Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48735 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -SAHPUR District- PATNA ====================================================== Sanjeev Kumar Son of Hari Narayan Singh Resident of Village- Sarasat, Police Station- Naubatpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 37(a) of the Bihar Prohibition and Excise Act, 2016.

Petitioner was apprehended in inebriated condition and a loaded country made revolver and six live cartridges are said to have been recovered from his possession.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.48735 of 2018 (3) dt.23-08-2018 2/2 by the police as he refused to become seizure list witness of the seizure of the aforesaid arms and ammunitions recovered from the possession of the co-accused Pappu Kumar. He happens to be teetotaler and never consumed liquor. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 12.02.2018.

Considering the facts aforesaid, 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 Special Judge, Excise, Patna in connection with Special Case No. 1232 of 2018 arising out of Sahpur P.S. Case No. 42 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T