Ram Kripal Nishad v. The State Of Bihar

Patna High Court Cr.Misc. No.52907 of 2016 (3) dt.13-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52907 of 2016 Arising Out of PS.Case No. -406 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Ram Kripal Nishad Son of Ram Pravesh Nishad Resident of VillageSimariya Ghat, Bind Toli, P.S. Barauni, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 04.09.2016 in connection with Town P.S. Case No. 406 of 2016 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-B)a, 26 & 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has been arrested on mere suspicion that the alleged recovery of 11 live cartridges has been made from him. Actually, his name has been brought in this case only because he was a contestant in the Mukhiya election. It is further submitted that the petitioner has not committed any offence and recovery of 11 live cartridges without any arms could not amount to an offence. It is further submitted that seizure list is also not prepared in presence

Patna High Court Cr.Misc. No.52907 of 2016 (3) dt.13-01-2017 of the petitioner which violates the mandatory provision of law and the petitioner has no criminal antecedent. Having heard learned counsel for the parties and after considering the fact that only on suspicion a Bolero vehicle was intercepted and certain persons were arrested and that the petitioner has no criminal antecedent, let the petitioner above named 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 Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 406 of 2016. (Anjana Mishra, J) Jagdish/- U T