Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8020 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Prakash Kumar, son of Kamendra Sah, resident of Village- Senmari Maliyabagh, P.S.- Dawath, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dawath P.S.Case No. 94 of 2016 registered for the offences punishable under Sections 414 of the Indian Penal and 25(1 b)a, 26 & 35 of the Arms Act.

It has been submitted on behalf of the petitioner that FIR shows no recovery but from perusal of the seizure list it appears that there is recovery of country made pistol and motorcycle but there is no case of theft of motorcycle and petitioner is in custody for more than three months. Heard learned APP also, who has opposed the prayer for bail stating that petitioner has criminal antecedent and he is named in four other cases also.

Patna High Court Cr.Misc. No.8020 of 2017 (2) dt.23-02-2017 2/2 Having heard both sides and considering the fact that there is recovery of country made pistol from the house of the petitioner and motorcycle, coupled with the fact that he has criminal antecedent and he has been made accused in four other cases also, I am not inclined to grant bail to the petitioner at this stage. Petitioner may renew his prayer for bail after framing of charge in this case.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U