Md. Salim Khan @ Md. Salim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51541 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -BUXAR MUFFSIL District- - ======================================================

1. Md. Salim Khan @ Md. Salim Son of Late Hafij Khan, Resident of Village - Rani Sagar, Police Station - Sahpur, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in Buxar (Muffasil) P.S. case No.89 of 2016 instituted for the offence under Sections 25(1-B)A and 26 of the Arms Act, pending in the court of Additional Chief Judicial Magistrate III, Buxar.

Allegation is that the petitioner was caught red handed with six country made pistols wrapped in newspaper. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.4.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Six country made pistols are said to have been recovered from the possession of the petitioner. There is no compliance of Section 100 of Cr.P.C.

Patna High Court Cr.Misc. No.51541 of 2016 (2) dt.15-12-2016 2/2 On behalf of the State, it is submitted that the petitioner is trading in arms and there are two other cases pending against him of similar nature.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected.

(Sudhir Singh, J) Narendra/- U T