Santosh Ravidas @ Pappu Ravidas @ Agam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42529 of 2018 Arising Out of PS. Case No.-33 Year-2016 Thana- SALAIYA District- Aurangabad ====================================================== Santosh Ravidas @ Pappu Ravidas @ Agam Son of Ram Swarup Ram @ Bakat Ram resident of Village - Sonarchak Tola, Sonari Bigha, Police Station - Salaiya, District Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Tej Narayan Singh For the Opposite Party/s :

Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Salaiya P.S. Case no. 33 of 2016 registered for the offence punishable under Section 386 of the Indian Penal Code, Section 25(1-b)a, 26 of the Arms Act and Section 17 of C.L.A. Act. One loaded country made rifle along with four live cartridges are said to have been recovered from the possession of the petitioner and the petitioner was apprehended by the police.

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

Patna High Court Cr.Misc. No.42529 of 2018(7) dt.12-09-2018 2/2 instance of his enemy by planting the aforesaid recovery from his possession. Only five cases are pending against the petitioner, out of which in three cases, he has been enlarged on bail. The criminal antecedent report furnished by the P.S. concerned indicates the pendency of five cases against the petitioner. He has been languishing in custody since 13.08.2016. Earlier, the bail prayer of the petitioner was rejected vide order dated 22.06.2017 directing the court below to conclude the trial within four months with liberty to the petitioner to renew his prayer for bail, if the trial is not concluded within the stipulated period for no fault of the petitioner. But, the trial has not yet concluded without any fault of the petitioner.

In the facts and circumstances of the case and considering the period of custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate at Aurangabad in connection with Salaiya P.S. Case no. 33 of 2016.

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