Patna High CourtCR. MISC./18754/2015rejected

Md. Nasrullah @ Nanhu @ Naushad v. The State Of Bihar

2015-05-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18754 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Nasrullah @ Nanhu @ Naushad, Son of Late Lal Mohammad, Resident of village - Chakasim, P.S.- Muffasil, District - Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rounak Kumar Singh "Pankaj" For the Opposite Party/s : Ms. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 22-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 28 of 2014 registered for the offences punishable under Sections 25(1-A), 25(1-AA), 35(1-B)(a), 25(1-AC), 26(i) (ii), 35 of the Arms Act, 124(A), 120B IPC and 17, 18, 19, 21 and 25 of the U.A.P., Act. He has renewed his prayer for bail. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 22.08.2014 passed in Cr. Misc. No. 33478 of 2014.

It has been contended that the petitioner is in

Patna High Court Cr.Misc. No.18754 of 2015 (3) dt.22-05-2015 2 / 2 custody since 6.2.2014, and till date, even charges have not been framed. The further contention is that the house from which the alleged recovery of illegal arms is said to have been made does not belong to the petitioner.

Learned counsel for the State has vehemently opposed the prayer for bail. He has submitted that huge cache of firearms (manufactured and semi-manufactured) were recovered from the house of the petitioner and on query he disclosed that the arms were kept for supply to the naxals and criminals of several States of the country.

Regard being had to the gravity of the offence and nature of allegation made against the petitioner, I am not inclined to grant him bail. Accordingly, the prayer for bail is rejected.

The learned Sub-Divisional Judicial Magistrate, Munger is directed to commit the case of the petitioner for trial forthwith. The learned Sessions Judge, Munger is directed to ensure speedy trial of the case.

(Ashwani Kumar Singh, J.) Sanjeet/- U T