Patna High CourtCR. MISC./42875/2017disposed

Alok Kr. Tiwari v. The State Of Bihar

2017-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42875 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Alok Kr. Tiwari, son of Late Pramod Tiwari, R/o village- Kanhauli Bisundatt, P.S.- Mithanpura, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Mithanpura P.S.Case No. 137 of 2017, G.R.No. 1933 of 2017, registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

Allegation against the petitioner is of recovery of 20 cartridges and at the same time other co-accused has been arrested and from whose possession one country made pistil and cartridges were recovered.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case at the instance of police while he was on morning walk and thereafter he has been remanded in one more case and he is in custody since 12.5.2017

Patna High Court Cr.Misc. No.42875 of 2017 (2) dt.18-09-2017 2/2 having no criminal antecedent.

Heard learned APP also.

Having heard both sides and in view of recovery of huge quantity of cartridges, at this stage, I am not inclined to grant bail to the petitioner.

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

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U