Ashok Singh @ Ashok Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4820 of 2018 Arising Out of P.S.Case No. -309 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== Ashok Singh @ Ashok Kharwar, S/o Late Ram Bachan Kharwar, R/o Village - Bishrampur, P.S.- Dinara (Bhanas), District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate. For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in Dinara (Bhanas) P.S. Case No. 309 of 2017 registered for offences under Sections 25(1-b)a/26/35 of the Arms Act.

Learned counsel for the petitioner submits that it is a case of false implication as it would appear that earlier the police lodged a case giving rise to Dinara (Bhanas) P.S. Case No. 308/2017 for the offences alleged under Bihar Prohibition and Excise Act, 2016 showing recovery of 250 ml Mahua wine and some Mahua which were allegedly kept for preparation of illicit liquor, later on, the police has lodged the present case under the provisions of the Arms Act showing seizure of one loaded country made rifle from the possession of this petitioner. Learned counsel

Patna High Court Cr.Misc. No.4820 of 2018 (2) dt.05-02-2018 2/2 submits that there is no allegation of any firing by the said rifle and this case has been fabricated later on in order to implicate the petitioner. Learned counsel further submits that save and except the case under the Excise Act, as stated above, the petitioner has no criminal antecedent.

Learned counsel for the State is present.

In the facts and circumstances, let the petitioner, named above, be enlarged on bail on his furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, Judicial Magistrate 1st Class, Bikramganj, Rohtas in connection with Dinara (Bhanas) Case No. 309 of 2017, subject to the conditions as laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Dilip, AR U T