Patna High CourtCR. MISC./62984/2019rejected

Bhola Yadav @ Akash Kumar v. The State Of Bihar

2019-10-24Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62984 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== Bhola Yadav @ Akash Kumar Son of Shivan Yadav Resident of Chhoti Mirzapur, P.S.- Kasim Bazar, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 112 of 2019, registered for the offence punishable under Sections 399 and 401 of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of Arms Act. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that nothing has been recovered from the possession of the petitioner and further submits that the police party obtained signature of witnesses on a plain paper which has later been used as a Seizure List. The petitioner is in custody since 01.06.2019. Learned A.P.P. appearing for the State submits that

Patna High Court CR. MISC. No.62984 of 2019(2) dt.24-10-2019 2/2 there is recovery of 22 cartridge from this petitioner and during investigation witnesses have supported the prosecution case. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, I am not inclined to grant bail to the petitioner.

Accordingly, this application is rejected with liberty to the petitioner that he may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) S.Katyayan/- U T