Patna High CourtCR. MISC./324/2020dismissed

Md. Shamim Uddin @ Samim v. The State Of Bihar

2020-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.324 of 2020 Arising Out of PS. Case No.-187 Year-2019 Thana- KASIMBAZAR District- Munger ====================================================== Md. Shamim Uddin @ Samim Son of Md Late Ejajuddin Resident of Belan Bazar, P.S.- Kasim Bazar, District- Munger.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2020 Heard the parties.

The petitioner seeks bail in Kasim Bazar P.S. Case No.187 of 2019 registered for the offence under Sections 25(1A)/25(1-AA)/25(1-b)a, 26, 35 of the Arms Act. As per the F.I.R., the allegation against the petitioner is about recovery of parts of manufacturing of illegal arms. Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the present case. It is submitted by learned counsel for the petitioner that the alleged recovery is neither from the conscious possession of the petitioner nor from inside his house, whereas recovery was shown from near the Verandah on a cot, which is an open place and accessible to all. The petitioner is in custody since 02.08.2019. Further submission is that co-accused Raj Kishore

Patna High Court CR. MISC. No.324 of 2020(3) dt.03-03-2020 2/2 Sharma @ Kishore Sharma has been granted bail vide order dated 10.12.2019 passed in Cr.Misc.No.81056 of 2019. Further submission of the petitioner that the house is not of the petitioner rather the said house of another person. On the other hand, learned Addl. Public Prosecutor has opposed the prayer for bail on the ground that recovery of huge quantity of manufacturing article of arms were recovered from the verandah of the house of the petitioner. Considering facts that the main allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail stands rejected. (Vinod Kumar Sinha, J) nawalkrs/- U T