Ram Lala Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30643 of 2018 Arising Out of PS.Case No. -241 Year- 2017 Thana -BENIPATTI District- MADHUBANI ====================================================== Ram Lala Shukla S/o Yugal Kishor Shukla, R/o Vill.- Sonai, P.S.- Khirhar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

Three accused persons namely Kamlesh Kumar, Brajesh Kumar and Chandan Kumar were apprehended along with arms and ammunitions and 180 ml liquor in the course of proceeding to commit some crime, who disclosed the name of the petitioner as the kingpin of the gang and at whose instance plan of robbing Rs. 5 lacs from the Customer Service Kendra of State Bank Benipatti was made.

Patna High Court Cr.Misc. No.30643 of 2018 (3) dt.18-06-2018 2/2 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 the case. There is nothing in the record indicating the complicity of the petitioner baring the confessional statement of the co-accused. He was not apprehended on the spot. He has no concern with the aforesaid occurrence. Though four criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases. He has been languishing in custody since 26.04.2018.

Considering the facts aforesaid, 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.-II cum Special Judge, Excise Act, Madhubani in connection with Benipatti P.S. Case No. 241 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T