Arun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21268 of 2018 Arising Out of PS. Case No.-1055 Year-2017 Thana- AHIAPUR District- Muzaffarpur ====================================================== Arun Kumar Rai, S/o Late Yogendra Rai, Resident of Village- Bhagwatipur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Ahiyapur P.S. Case No.1055 of 2017 registered under Sections 414/413 of the Indian Penal Code as well as under Sections 25(1-b)a/26 of the Arms Act.

Allegation in brief is that when police went in search of the petitioner for arrest in another case, he made an attempt to escape but apprehended and found in possession of one country made pistol with two live cartridges.

Submission is of false implication by the police at the behest of the petitioner's enemy; whereas the learned counsel for the State submits that there is recovery of arms from possession of the petitioner and he has number of criminal

Patna High Court Cr.Misc. No.21268 of 2018(2) dt.12-04-2018 2/2 antecedents.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Ahiyapur P.S. Case No.1055 of 2017 pending in the court of learned CJM, Muzaffarpur.

However, the petitioner may renew his prayer of bail after six months of the framing of the charge, if the trial does not conclude.

(Arun Kumar, J) S.KUMAR/- U T