Patna High CourtCR. MISC./44655/2018disposal with observation

Dharmraj Yadav @ Dharmraj Kumar v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44655 of 2018 Arising Out of PS.Case No. -162 Year- 2018 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Dharmraj Yadav @ Dharmraj Kumar, S/o Rameshwar Yadav, Resident of Village-Chandausi, P.S.-Noor Sarai, District-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Hilsa P.S. Case No. 162 of 2018, registered for offences punishable under Sections 25 (1-b)a, 26 and 35 of Arms Act. Allegation against the petitioner is of recovery of one country made pistol and five cartridges from the possession of the petitioner.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and nothing incriminating has been recovered from possession of the petitioner rather it has been recovered from the tempo and petitioner is an accused in three other cases in which in one case

Patna High Court Cr.Misc. No.44655 of 2018 (3) dt.05-09-2018 2/2 he has been acquitted. It is further submitted that the petitioner is in judicial custody since 06.05.2018.

Heard learned A.P.P. also, who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above as well as there is criminal antecedent of the petitioner, I am not inclined to grant privilege of bail to the petitioner at this stage. However, once charge is framed against the petitioner, he shall be released on bail by learned Trial Court itself to his own satisfaction.

With the aforesaid observation, the instant petition is disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T