Kundan Kumar Jaiswal @ Kundan Kumar @ Chittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40601 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Kundan Kumar Jaiswal @ Kundan Kumar @ Chittu, aged about 25 years son of Sri Bipat Prasad, Resident of Chowk Sikarpur, Nala Par, Nayee Gali, P.S. Chawk, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tilak Sao For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 18.02.2017 in connection with Chowk P.S. Case No. 38 of 2017 for offences punishable under Sections 25 (1-B) A/26/35 Arms Act and 120(B), 201 of the Indian Penal Code. The prosecution case, as lodged by the police personnel, is that on secret information that the petitioner who was a dreaded criminal was found to be roaming, the police apprehended the petitioner. On search two country made pistol

Patna High Court Cr.Misc. No.40601 of 2017 (4) dt.02-11-2017 2/3 and 27 live cartridges were recovered from the house of the petitioner. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and just because he has a criminal antecedent he has been made accused. He submits that no overt act has been alleged to have been committed by the petitioner and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that as many as 5 cases are pending against the petitioner some of similar and some of more serious nature.

Considering the facts and circumstances and the materials on record since the petitioner has been found to be in possession of huge quantity of arms and cartridges, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Chowk P.S. Case No.38 of 2017, pending in the court of learned Judicial Magistrate-1st Class, Patna City.

Patna High Court Cr.Misc. No.40601 of 2017 (4) dt.02-11-2017 3/3 The application is, accordingly, rejected.

(Nilu Agrawal, J) Devendra/- U T