Md. Sajjad @ Pagla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54940 of 2018 Arising Out of PS.Case No. -91 Year- 2017 Thana -PARBATTA District- BHAGALPUR ======================================================
1. Md. Sajjad @ Pagla S/o Md. Bhola , R/o Vill.- Athgama, P.S.- Kharik, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 The petitioner is in custody since 19.10.2017 in connection with Sessions Trial No. 92 of 2018 corresponding to Parbatta P.S. Case No. 91 of 2017, registered for offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.
Allegation as per F.I.R. is that while the informant was on patrolling, he found an Indica Car parked near a brick kiln and after seeing the police party, the petitioner and others started fleeing away but petitioner was apprehended and on search, one country made loaded pistol with 4 live cartridges were recovered from his possession.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been
Patna High Court Cr.Misc. No.54940 of 2018 (2) dt.10-10-2018 2/2 recovered from the conscious possession of the petitioner and he is in custody since 19.10.2017.
Heard learned A.P.P. also.
Having heard both sides and considering the aforementioned facts and circumstances and in view of the recovery of one country made pistol and four live cartridges from the petitioner, at this stage, I am no inclined to grant bail to the petitioner. Hence, this application is dismissed. However, learned Trial Court is directed to expedite the trial.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T