Shiva Hedel And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.23387 of 2018 (2) dt.19-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23387 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Shiva Hedel, son of Krishna Hedel, resident of Village + PS Sorda, District Ganjam (Orissa)

2. Aula Gopal, son of Aula Anjanil, resident of Village Purwacot, PS Korai, District Zazpur (Orissa) both at present reside near Motipur Railway Station, PS Motipur, District Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-04-2018 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody since 14.12.2017, seek bail in Deoria PS Case No. 90 of 2017 registered under Sections 399, 402, 414/34 of the IPC and Sections 25(1-b)a, 26, 35 of the Arms Act.. The allegation in brief is that in the midnight the police apprehended number of persons alleged to be making plan for committing dacoity, number of fire arms were recovered from them including the petitioners and some motorcycles were also recovered parked by the road.

Learned Counsel for the petitioners submits that the motorcycles are not of the petitioners, they have clean antecedent and are in custody since 14.12.2017.

Having considered the nature of the offence and recovery of fire arms from number of accused persons including these two petitioners the prayer for bail of the petitioners is presently rejected. The trial court is directed to expedite the trial. The petitioner may renew the prayer of bail after six months. Snkumar/- (Arun Kumar, J) U T