Patna High CourtCR. MISC./20896/2020dismissed

Ganesh Kumar v. The State Of Bihar

2020-07-03Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20896 of 2020 Arising Out of PS. Case No.-173 Year-2020 Thana- DIGHA District- Patna ====================================================== Ganesh Kumar, son of Sri Ravindra Ray, R/o Mohalla Ramji Chak Digha, P.S.- Digha, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-07-2020 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. Heard Mr. Shashi Bhushan Singh, learned counsel for the petitioner and Mr. Nityanand, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Digha P.S. Case No.173 of 2020 dated 14.03.2020 instituted under Sections 25(1-B) (a) and 26 of the Arms Act.

4. As per the allegation, one pistol has been recovered from the person of the petitioner.

5. Learned counsel for the petitioner submitted that even as per the allegation, the pistol was empty, thus, the same

Patna High Court CR. MISC. No.20896 of 2020 dt.03-07-2020 2/2 could not have been used for any crime. Learned counsel submitted that petitioner has one other antecedent, which was on account of fight between neighbours due to goat. It was further submitted that the petitioner is in custody since 15.03.2020. Learned counsel submitted that charge-sheet has already been submitted against the petitioner.

6. Learned APP submitted that from the person of the petitioner, a 7.65 Auto pistol made in Italy was recovered and there is another case against the petitioner under grave sections including Section 307 of the Indian Penal Code.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

8. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T