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Patna High CourtCR. MISC./16151/2018rejected

Gulshan Yadav v. The State Of Bihar

2018-03-26Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16151 of 2018 Arising Out of PS. Case No.-247 Year-2016 Thana- MANSI District- Khagaria ====================================================== Gulshan Yadav, Son of Shambhu Yadav, Resident of Village- Chukti, P.S.- Mansi, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Kishor Poddar For the Opposite Party/s :

Mr. SRI ARUN KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody since 25.01.2018, seeks bail in connection with Mansi P.S. Case No.247 of 2016, registered under Sections 341/323/379/504/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that the informant was robbed by some miscreants on the way and relieved of some cash and other articles.

Submission is that this case was lodged after lapse of two days without any cogent reason and nothing has been recovered from possession of the petitioner. It is also contended that other co-accused, Lalan Yadav was granted bail by the court below itself whereas learned counsel for the State submits that

Patna High Court Cr.Misc. No.16151 of 2018(2) dt.26-03-2018 2/2 petitioner is in custody since 25.01.2018 and other co-accused were in custody for a longer period since 17.05.2017, moreover the case is at the investigation stage and petitioner has criminal antecedent also.

Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected at this stage in connection with Mansi P.S. Case No.247 of 2016, pending in the court of learned CJM, Khagaria.

The petitioner may renew his prayer of bail, if so advised, after framing of the charge.

(Arun Kumar, J) S.KUMAR/- U T