Bajrang Kumar Sarraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6249 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== VIKRAM SHARMA SON OF RAJENDRA SHARMA R/O VILLAGEMAKSASPUR, P.S.- KASIM BAZAR, DISTRICT- MUNGER, AT PRESENT NEW BIGRAHPUR RENTER OF DAVID P.S.- JAKKANPUR, DISTRICT- PATNA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27104 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== 1.

BAJRANG KUMAR SARRAF S/o Shri Ram Sarraf R/O village-Nath Nagar, P.S.-Nathnagar, District-Bhagalpur, At present-old Priya hotel 2 floor bakarganj shiv Mandir Near-Arya Kumar Road P.S. Pir Bahore, DistrictPatna 2.

ADITYA KUMAR @ ADITYA KUMAR SARRAF S/o Bajrangi Sarraf R/O village-Nath Nagar, P.S.-Nathnagar, District-Bhagalpur, At present-old Priya hotel 2 floor bakarganj shiv Mandir Near-Arya Kumar Road P.S. Pir Bahore, District-Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 6249 of 2023) For the Petitioner/s :

Mr.Jyoti Ranjan Jha Mr.Dhananjay Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 27104 of 2023) For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

Patna High Court CR. MISC. No.6249 of 2023(3) dt.15-05-2023 2/3 The petitioners are seeking regular bail in connection with S.Tr Case No. 1173 of 2022, arising out of Jakkanpur P.S. Case No.283 of 2022, registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 25(1b)a/25(I) (a) (aa)/26(1) (2)/35 of the Arms Act. As per allegation, the police got a secret information that a mini illegal gun factory was being run in the house of coaccused David Kumar. The place of occurrence was raided and huge number of apparatus for manufacturing parts of arms were recovered, as disclosed in the FIR along with three cartridges. Co-accused David Kumar and the petitioners were arrested. David Kumar disclosed that these petitioners and one Sonu Kumar had taken his premises on rent. It has been mentioned in the FIR that to camouflage the sound of manufacturing, the accused persons played music in high volume.

The learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated in this case. Co-accused David Kumar, from whose premises the articles were recovered, has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 45043 of 2022 and the case of the petitioners is on better footing.

The petitioners were arrested at the spot, it transpires

Patna High Court CR. MISC. No.6249 of 2023(3) dt.15-05-2023 3/3 from the FIR itself that they had taken premises of co-accused David Kumar on rent. At the pretext of cloth business, they were running a mini gun factory. They were arrested at the spot and huge articles were recovered.

Considering the above-mentioned facts and circumstances, I am not inclined to release the petitioners on bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T