Md. Pallu v. The State Of Bihar

Patna High Court Cr.Misc. No.30739 of 2017 (3) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30739 of 2017 Arising Out of PS.Case No. -838 Year- 2016 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Md. Pallu Son of Md. Ishahaque, Resident of Pakkisarai Chowk, P.S. Town, District Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. A.K. Thakur Mr. Ravi Ranjan, Advocate.

For the Opposite Party : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.03.2017 in connection with Muzaffarpur Town P.S. Case No. 838 of 2016 for the offences alleged under Sections 25(1-b) a/26/35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated as admittedly according to the F.I.R., only the accused persons Md. Bismillah and Md. Pallu and their respective wives who are residing in the house whereas other family members were residing elsewhere on rent. The seizure list however shows that the younger brother of the petitioner has affixed his signature thereof. It is therefore submitted that on the face of it there is a

Patna High Court Cr.Misc. No.30739 of 2017 (3) dt.11-08-2017 contradiction which renders the accusation improbable.

4. Considering that the recovery of four country made pistols out of which one pistol was loaded with five live cartridges and three live cartridges and two magazines of pistol were recovered from the house of the petitioner and co-accused Md. Bismillah, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. (Vikash Jain, J) Md. Ibrarul/Chandran U T