Sri Dev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27783 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- Ladaniya District- Madhubani ====================================================== Sri Dev Yadav S/o Bhutai Yadav Resident of Village- Bidyanagar, P.S. Sukhipur, District Sirha (Nepal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-05-2018 Heard Sri Ratnakar Jha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 23-01-2018 in Ladaniya P.S. Case No. 12 of 2018 registered for offence under Sections 25(1-b)A and 26 of the Arms Act, 1959, has prayed for grant of bail.

Learned counsel for the petitioner submits that petitioner was apprehended on allegation of recovery of one country-made pistol and 8 live cartridges and no seizure list was handed over to the petitioner. He further submits that petitioner is having clean antecedent.

However, on going through the F.I.R., it is evident that petitioner was apprehended by S.S.B. and from possession of the petitioner, one country-made pistol with live cartridges

Patna High Court Cr.Misc. No.27783 of 2018(2) dt.07-05-2018 2/2 was recovered. Moreover, the period of custody of the petitioner is very lesser.

Accordingly, at the moment, I am not inclined to grant bail to the petitioner, however; it is made clear that if within a period of nine months from the period of custody, no adequate progress in the case is taken place, the petitioner would be at liberty to renew the prayer for bail.

Presently, the prayer for bail stands dismissed. (Rakesh Kumar, J.) anay U T