Rajju Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51038 of 2017 Arising Out of PS.Case No. -412 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Rajju Miyan ASon of Halim Miyan @ Tola Mian @ Halim Tailor, Resident of Naya Tola Noor Sarai P.S. Noor Sarai District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2018 At the outset, the learned counsel for the petitioner seeks permission to correct the provision of law mentioned in paragraph-1 of the petition.

He may do so during the course of the day.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nawada Town P.S. Case No. 412 of 2017 for the offences punishable under Sections 399, 402/34, of the Indian Penal Code, under Sections 25(1-b)1 26 of the Arms Act and under Section 30(a) of Bihar Prohibition and Excise Act.

The allegation in the present case is that when the police had apprehended the petitioner herein and other accused

Patna High Court Cr.Misc. No.51038 of 2017 (2) dt.17-01-2018 2/2 persons, one country made loaded pistol and one cartridge apart from one mobile were recovered from possession of the petitioner herein.

The learned counsel for the petitioner submits that there is no recovery of any illicit liquor from the person of the petitioner, hence no offence is made out under the Excise Act. It is submitted that the petitioner otherwise has a clean antecedent, but after his arrest in the present case he has been remanded in another case. The petitioner is stated to be in custody since 18.06.2017. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J. II cum Special Judge, Nawada in connection with Nawada Town P.S. Case No. 412 of 2017.

(Mohit Kumar Shah, J) BTiwary/- U T