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Patna High CourtCR. MISC./65256/2018dismissed

Tuntun Rai v. The State Of Bihar

2018-11-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65256 of 2018 Arising Out of PS.Case No. -138 Year- 2018 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Tuntun Rai Son of Late Bhola Rai Resident of Village-Suratpur P.S. Mahua Distt.-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2018 Heard the parties.

The petitioner seeks bail in Mahua P.S.Case No.138 of 2018 registered for the offences under Sections 399, 402, 414/34 of the Indian Penal Code and Sections 25(1-B)A, 26, 35 of Arms Act.

Allegation as per the F.I.R. is that in the evening of 12.06.2018 on receipt of a secret information that some miscreants were planning for committing dacoity near Dashrath Chowk as soon as the informant along with police party reached there, on seeing them the miscreants started fleeing but they arrested the petitioner and other accused persons and one country made pistol and live cartridge and one stolen motor cycle was recovered from the possession of the petitioner.

Submission on behalf of the learned counsel for the

Patna High Court Cr.Misc. No.65256 of 2018 (2) dt.19-11-2918 2/2 petitioner is that he has been falsely implicated in this case. He has no criminal antecedent and he is in custody since 13.06.2018. Heard the learned A.P.P. also .

Having heard both sides and in view of the facts and circumstances of the case, stated above, at this stage, I am not inclined to grant bail to the petitioner. The prayer for bail of the petitioner is rejected.

However, once charge is framed, the petitioner may renew his prayer for bail.

(Vinod Kumar Sinha, J) AnilKrSinha/- U