Upendra Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24554 of 2018 Arising Out of PS.Case No. -91 Year- 2017 Thana -BHADAURA District- PATNA ======================================================

1. Upendra Kewat S/o Ram Prit Kewat , R/o Vill.- Dhovi Chak, P.S.- Bhadaur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 25 (1-B) a and 26 of the Arms Act and Section 30 (b) (c) of the Bihar Prohibition and Excise Act, 2016.

A rifle without bolt is said to have been recovered from the possession of the petitioner and petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has been falsely implicated in this case at the instance of his enemy by

Patna High Court Cr.Misc. No.24554 of 2018 (02) dt.30-04-2018 2/ 2 planting the aforesaid rifle from his possession. The rifle without bolt is useless as no bullet can be fired without bolt of the rifle. He has no criminal antecedent and has been languishing in custody since 03.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IX-cumSpecial Judge Excise, Patna in connection with Bhadaur P.S. Case No.91 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T