Meena Sah @ Chitranjan Sah @ Chitranjan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17575 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- BUXAR District- Buxar ====================================================== MEENA SAH @ CHITRANJAN SAH @ CHITRANJAN PRASAD Son of Bijay Nath Prasad R/O- Mohl-Satyadev Ganj, Lohandi Bhawan, Main Road Buxar, Near Sabji Mandi, P.S.- Buxar, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 25(1-b)a & 26 of the Arms Act.

The prosecution story, in brief, is that the informant received secret information that near Satyadev Ganj Vegetable Market, petitioner, resident of same Mohalla, fired upon one person due to which he got injured. For verification of such information, he along with other police personnel reached at the house of the petitioner. During raid, petitioner was not present in his house. In presence of the independent witnesses, many incriminating articles have been recovered from the house of the

Patna High Court CR. MISC. No.17575 of 2023(3) dt.07-07-2023 2/3 petitioner. He recovered 21 pieces .30-06 SPRG live cartridges, 03 pieces .325 WLKF live cartridges, 01 piece 8 MM-KF, 112 pieces .30-06 SPRG empty cartridges, 15 pieces .325 WLKF empty cartridges, 08 pieces 8 MM.-KF empty cartridges, 01 piece sword, 04 pieces Bhujali, 01 Arms License Card of licensee Shiv Kumar Khemka.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is holder of valid arms license, therefore, no case is made out against the petitioner. Petitioner used to purchase and sell the arms with the permission of the competent authority. Petitioner has one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as petitioner is holder of valid arms license, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.17575 of 2023(3) dt.07-07-2023 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Buxar (Nagar) P.S. Case No. 472 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T