Anil Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47564 of 2017 Arising Out of PS. Case No.-273 Year-2016 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Anil Roy Son of Ram Pukar Roy, R/o Village- Bhalura, P.S. - Aurai, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. SRI BINOD KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-10-2017 Heard both sides.

The petitioner was apprehended on 28.12.2016 in a room along with a loaded country made pistol and some articles used in preparation of the bomb. He is facing prosecution under Section 414 of the IPC and relevant penal provisions of the Arms Act besides Section 3⁄4 of the Explosive Substance Act. Learned counsel submits that recovery cannot be said to have been made from the conscious possession of the petitioner. On his disclosure 02 more accused(s) were arrested who were granted bail. Petitioner is in custody since 28.12.2016. Learned counsel for the State opposed the prayer. It is stated that apart from the recovery of the incriminating articles, petitioner has also criminal antecedents as he is accused in

Patna High Court Cr.Misc. No.47564 of 2017(2) dt.17-10-2017 2/2 several cases.

Considering the nature of allegation as also the criminal background of the petitioner, this Court is not inclined to release the petitioner on bail. Prayer for bail is, accordingly, rejected. However, the Court shall observe if the charges are not framed against the petitioner within 05 months he shall have liberty to renew prayer for bail in the Court below which shall be considered on its own merit in accordance with law. (Kishore Kumar Mandal, J) shyambihari/- U T