Umakant Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48155 of 2018 Arising Out of PS.Case No. -342 Year- 2018 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Umakant Ram, S/o Hari Ram, R/o Village- Semarahiya, P.S.- Banjariya, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 290, 504 and 506 of the Indian Penal Code, Sections 25(1B)(a) and 26 of the Arms Act and Section 37(b) of the Bihar Prohibition and Excise Act, 2016. Petitioner is said to have pointed pistol on the informant and he was apprehended in inebriated condition by the grandson of the informant and from possession of the petitioner, one country made pistol, six live cartridges, two empty cartridges and one knife were recovered by the informant which were handed over to the police on their arrival.

Patna High Court Cr.Misc. No.48155 of 2018 (3) dt.23-08-2018 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in the case by the informant by planting aforesaid recovery from his possession due to animosity. He happens to be teetotaler and never consumed liquor. Aforesaid arms and ammunitions were not seized by the police rather were produced by the informant before the police hence petitioner is entitled to be released on bail under Sectiion 37 of the Arms Act. He has no criminal antecedent. He has been languishing in custody since 11.06.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions judge VII cum Special Judge, Excise, East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. Case No. 342 of 2018.

(Prakash Chandra Jaiswal, J) Kr. Uday/- U T