Lalan Mahto @ Lalan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6613 of 2018 Arising Out of PS.Case No. -776 Year- 2017 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Lalan Mahto @ Lalan Sahani S/o Bipin Mahto, R/o Village- Akharaghat, P.S.- Town, Distt.- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Ajay Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 20.10.2017, seeks bail in connection with Town P.S.Case No. 776 of 2017 registered under Section 382 of the Indian penal Code and 25(1b)a,26 and 35 of the Arms Act. Allegation in brief is that informant along with his wife boarded on auto of the petitioner being driven by him, some copassengers were also sitting in it but they were miscreants. He changed the root and robbed the informant.
Submission is that petitioner is owner of the auto and auto was being driven by the driver and recovery is from the auto and not from possession of the petitioner.
Whereas learned counsel for the State submits that petitioner is the driver as well as owner of the auto and there is
Patna High Court Cr.Misc. No.6613 of 2018 (3) dt.02-04-2018 2/2 specific allegation that he changed root and looted the passenger, the informant and his wife, robbed of his cash and other items and one of the miscreants was apprehended who disclosed the name of the petitioner and others and said auto was seized and country made pistol and live cartridges were recovered from the tempo, kept under the front seat.
Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected. Trial court is directed to expedite the trial. (Arun Kumar, J) Sujit/- U T