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Patna High Court - Orders

Ranjan Kumar @ Ranjan Kumar Singh vs The State Of Bihar on 20 July, 2018

Author: Prakash Chandra Jaiswal

Bench: Prakash Chandra Jaiswal

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.43932 of 2018
                     Arising Out of PS.Case No. -409 Year- 2018 Thana -ARA NAWADA District- BHOJPUR
                 ======================================================
                 Ranjan Kumar @ Ranjan Kumar Singh, S/o. Sudhar Singh, Resident of
                 Village- Salempur, P.S. Chandi, District- Bhojpur.
                                                                         .... .... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Mrigendra Pratap Singh
                 For the Opposite Party/s   : Mr. Sri Ahtash Ali Khan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                 JAISWAL
                 ORAL ORDER

2   20-07-2018

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 25(1-b)a/26/35 of Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Four live cartridges are said to have been recovered from possession of the petitioner sitting in the Alto car and one bottle beer kept in the car was seized.

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 articles. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. There is no compliance of 100 Cr.P.C. Though two Patna High Court Cr.M isc. No.43932 of 2018 (2) dt.20-07-2018 2/2 witnesses have been mentioned in the column of name and address of witness in the seizure list, but signature of both the aforesaid persons appears to have been made by one person as it is in one handwriting and pen. Moreover, without firearm, country made pistol is of no use. He has no criminal antecedent. He has been languishing in custody since 18.06.2018.

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 4th A.D.J., Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 409 of 2018 (Excise Case No. 989 of 2018).

(Prakash Chandra Jaiswal, J) rohit/-

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