Patna High CourtCR. MISC./45360/2017disposed

Ankul Yadav @ Ankur Yadav v. The State Of Bihar

2017-10-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45360 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Ankul Yadav @ Ankur Yadav, Son of Hare Ram Yadav, resident of Village- Harnathpur, Police Station- Raghunathpur, District- Siwan. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Girjanand Prasad For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Raghunathpur P.S.Case No. 97 of 2017 registered for the offences punishable under Sections 323, 353, 307, 34 of the Indian Penal Code and various Sections of the Arms Act.

Allegation against the petitioner is of firing on the police party and there is recovery of one loaded pistol from his possession.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and no firing was made by the petitioner and no empty cartridge was found from the place of occurrence and he is in custody since 31.5.2017. Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.45360 of 2017 (3) dt.10-10-2017 2/2 bail on the ground that there is firing on the police party also. Having heard both sides and in the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.

However, once charge has been framed in this case against the petitioner or he completes six months period in custody, whichever is earlier, learned court below will release the petitioner on bail to its own satisfaction, if an application for bail is filed on behalf of the petitioner.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U