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Patna High CourtCR. MISC./3959/2015dismissed

Amaruzama Khan @ Raja Khan @ Bandul Khan v. The State Of Bihar

2015-03-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3959 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -RAMNAGAR District- WEST CHAMPARAN (BETTIAH) ====================================================== Amaruzama Khan @ Raja Khan @ Bandul Khan S/o Nazir Khan Resident of village- Dainmarwa, P.S.- Ram Nager, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Thakur, Advocate. For the Opposite Party/s : Mr. Shahin Begum, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-03-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 25(1-b)A/26 of the Arms Act.

The petitioner was apprehended and from his possession, two loaded country-made pistols with live cartridges were recovered.

It is submitted that the seizure list was prepared on 02.11.2014 but the F.I.R. was lodged on 03.11.2014. The seizure list bears the P.S. Case and this fact shows that the seizure list was ante-dated and the same creates a reasonable doubt. The petitioner is in jail for 41⁄2 months.

It appears that the seizure list was prepared at about 9:30 in the night and thereafter the F.I.R. was lodged. Two loaded country-made pistols were recovered from the possession of the

Patna High Court Cr.Misc. No.3959 of 2015 (3) dt.20-03-2015 2/2 petitioner. Hence, I am not inclined to enlarge the petitioner on bail in Ramnager P.S. Case No. 248/2014. Accordingly, the same is rejected.

The petitioner may renew his prayer for bail after remaining seven months in jail.

(Prabhat Kumar Jha, J) Dilip/- U T