Manager Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36664 of 2015 Arising Out of PS.Case No. -209 Year- 2014 Thana -SAHPUR District- PATNA ======================================================

1. Manager Rai Son of Shri Ramdayal Ram Resident of village - Mubarakpur, Krishi Farm, Police Station - Shahpur, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv For the Opposite Party/s : Mr. Md . Ansarul Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1B)a, 26, 27 and 35 of the Arms Act. It is alleged that Sanjay Kumar and Panchan Rai were apprehended with arms and ammunitions, who disclosed the name of the petitioner and said that the petitioner resorted to fire. Admittedly, the alleged firing did not cause any injury. Moreover, the accused persons came for collection of extortion money.

It is submitted by the learned counsel for the petitioner that since there is no recovery from the possession of the petitioner hence no case under Arms Act is made out. Let the learned court below consider the prayer for

Patna High Court Cr.Misc. No.36664 of 2015 (2) dt.14-09-2015 regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Shahpur P.S. Case No. 209 of 2014, pending in the court of learned Sri Anil Kumar Thakur, Judicial Magistrate, Ist Class, Danapur, Patna.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T