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Patna High CourtCR. MISC./6106/2017rejected

Chandan Mistry v. The State Of Bihar

2017-03-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6106 of 2017 Arising Out of PS.Case No. -190 Year- 2014 Thana -SIKANDARA District- JAMUI ====================================================== Chandan Mistry, Son of Bano Mistry, resident of Village-Kurhadih, P.S.- Sikandra, District-Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 08-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sikandra P.S. Case No.190 of 2014 registered under Sections 25(1-b)a and 26 of the Arms Act, pending in the court of Sri Ajit Kumar Singh, Additional Chief Judicial Magistrate-II, Jamui. The accusation is of recovery of two double barrel guns, two country made pistols, fifteen live cartridges and one Bindoliya from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the aforesaid recovery was not made from the conscious possession of the

Patna High Court Cr.Misc. No.6106 of 2017 (2) dt.08-03-2017 2/2 petitioner rather the same was made from the house of the petitioner and the petitioner was not present at his house at the time of aforesaid recovery. Further submission is that the petitioner is in custody since 16.02.2016.

Having regard to the facts and the circumstances of the case and the nature of allegation and also considering that the petitioner is accused in two other cases, as detailed in paragraph-3 to this application, I am not inclined to grant bail to the petitioner for the present. Accordingly, the prayer of the petitioner for grant of bail stands rejected for the present.

(Rajendra Kumar Mishra, J) P.S./- U T