Patna High CourtCR. MISC./32671/2018dismissed

Rajesh Chaudhary v. The State Of Bihar

2018-07-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32671 of 2018 Arising out of PS. Case No. -372 Year- 2017 Thana -PARWATTA District- KHAGARIA ====================================================== Rajesh Chaudhary, Son of Ramanand Choudhary, resident of VillageDumariya Bujurg, P.S.- Panballa, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the state.

The petitioner seeks bail in connection with Parbatta P.S. Case No. 372 of 2017 registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act. The allegation in the present case is regarding the Police having raided the house of the petitioner and when the petitioner was apprehended, a country made pistol and 14 live cartridges were recovered from the possession of the petitioner. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is languishing in custody since 22.10.2017. I have heard the learned counsel for the petitioner and perused the records from which it is apparent that the petitioner is

Patna High Court Cr.Misc. No.32671 of 2018 (3) dt.23-07-2018 2/2 an accused in five other cases, hence on this ground alone the petitioner is fit not to be enlarged on bail apart from the fact that in the present case illegal arms have also been recovered from the petitioner. Reference in this regard be had to a judgment of the Apex Court reported in (2012) 9 SCC 446 (Ash Mohammad vs. Shiv Raj Singh).

Having regard to the facts and circumstances of the case, I do not find any merit in the present petition. Accordingly, the same is dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T