Md. Ashik @ Md. Ashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15942 of 2024 Arising Out of PS. Case No.-102 Year-2023 Thana- BALUA BAZAR District- Supaul ====================================================== Md. Ashik @ Md. Ashique, aged about 24 years, Male Son of Late Md. Nasir, Resident of Village- Bishanpur Gulami, P.S.- Balua Bazar, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Balua Bazar PS Case No. 102 of 2023 instituted for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, one USA made pistol along with seven live cartridges have been recovered, kept in a box made in a bed, from the room of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is named in the FIR. Petitioner has one criminal antecedent as stated in para 3 of the petition and is in custody since 08.11.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of

Patna High Court CR. MISC. No.15942 of 2024(2) dt.19-03-2024 2/2 the learned Additional Sessions Judge-1st, Supaul dated 17.01.2024, it appears that petitioner is named in the FIR and the allegation against the petitioner is that one USA made pistol along with seven live cartridges have been recovered, kept in a box made in bed, from the room of the house of the petitioner. The seized articles have been recovered in presence of the petitioner and he has arrested at the spot. The alleged recovery is in presence of two independent witnesses and he has one criminal antecedent as stated in para 3 of the petition.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. Learned trial Court is directed to conclude the trial preferably within a period of six months from the date of receipt of this order. If the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail before the trial Court.

(Ramesh Chand Malviya, J) Anand Kr.

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