Patna High CourtCR. MISC./18369/2017rejected

Mishri Lal Rai @ Mishri Rai v. The State Of Bihar

2017-05-24Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18369 of 2017 Arising Out of PS.Case No. -360 Year- 2016 Thana -SONEPUR District- SARAN ======================================================

1. Mishri Lal Rai @ Mishri Rai, son of late Rama Nand Rai, resident of village - Pahleza Sahpura Diyara, P.S. Sonepur, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Kamaluddin, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sonepur P.S Case No. 360 of 2016 registered for the offences punishable under Sections 25(1-b) a, 26 Arms Act.

Allegedly, from the khop situated in front of the house of the petitioner one country made rifle, one country made pistol and one live cartridge 3.15 bore were recovered. Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner or from his house, there is no signature of any of the family members of the petitioner on the seizure list and without any fault the petitioner is suffering in custody since 17.02.2017 and, as

Patna High Court Cr.Misc. No.18369 of 2017 (3) dt.24-05-2017 2/2 such, the petitioner deserves sympathetic consideration. Learned A.P.P opposes the prayer of bail.

In the facts and circumstances stated above, at present, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Sonepur P.S. Case No. 360 of 2016, pending in the court of learned A.C.J.M.-I, Saran, Chapra..

However, the petitioner may renew his prayer for bail after remaining six months in custody.

(Jitendra Mohan Sharma, J.) Rajiv/- U T