Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39532 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Naveen Kumar Son of Nawal Kishore Bhagat Resident of Village- Ram Sahay Chapra. P.S- Meenapur, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is said to be in custody since 8th July, 2016 in connection with Pupari P.S.Case No. 136 of 2016 registered under Sections 399, 402 and 414 of the Indian Penal Code, Sections 25(1-B)(a), 26 and 35 of the Arms Act, Section 3/4 of the Explosive Substances Act and Section 47(a) of the Bihar Excise (Amendment) Act, 2016.

It is submitted that the offences punishable under the Penal Code or the Arms Act or the Explosive Substances Act would not be attracted in the case of the petitioner as there is no allegation that the petitioner was carrying any weapon at the time when the police made arrest.

Patna High Court Cr.Misc. No.39532 of 2016 (2) dt.17-09-2016 2/2 Be that as it may, regard being had to the recovery of only five bottles of country made liquor of 200 ml. each kept in one black polythene from possession of the petitioner Naveen Kumar, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, (Pupari), Sitamarhi in connection with Pupari P.S.Case No. 136 of 2016.

(Ashwani Kumar Singh, J) Pradeep/- U T