Kameshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15557 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -ATHMALGOLA District- PATNA ====================================================== Kameshwar Rai, Son of Jalal Rai, resident of Village- Kalyan Bhiththa, Police Station- Athmal Gola, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Satyendra Prasad Singh, Advocate.

For the Opposite Party : Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-04-2017 Heard both sides.

The petitioner apprehends his arrest in Athmalgola P.S. Case No. 104 of 2016, registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

The informant got information that the petitioner kept illegal arms in his house on such the house of the petitioner was raided but the petitioner managed to flee away. Two rifles were recovered in presence of two witnesses. One boy was also present who disclosed that his father managed to flee away. Learned counsel for the petitioner submits that the house from which arms without ammunitions were recovered does not belongs to the petitioner, but from perusal of the FIR it appears that the informant has specifically alleged that it was the petitioner

Patna High Court Cr.Misc. No.15557 of 2017 (2) dt.13-04-2017 2/2 who owned that house and he was also found fleeing away from the aforesaid house where his son was present and his son also disclosed that his father managed to flee away. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T