Patna High CourtCR. MISC./48713/2015dismissed

Hareram Yadav And ORS v. State Of Bihar And ANR

2019-07-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48713 of 2015 Arising Out of PS. Case No.-25 Year-2015 Thana- SIKRAUL District- Buxar ====================================================== 1.

Hareram Yadav 2.

Luxman Yadav 3.

Bharat Yadav All sons of Late Ballu Yadav, resident of Village- Renka, P.S.- Sikraul, District- Buxar.

... ... Petitioner/s

Versus

State Of Bihar 2.

Narendra Kumar Sinha, Officer Incharge, Sikaraul Buxar S/o Gopal Prasad Sinha resident of Village- Kirihindi, P.S.- Shivsagar, District- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Adv : Mr.Mohit Shrivastava, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 31-07-2019 Heard learned counsel for the parties.

2. Petitioners are accused in connection with Dumraon P.S.Case No.25 of 2015. By the impugned order dated 30.06.2015 passed in the aforesaid case, the learned Judicial Magistrate-1st Class, Buxar has refused to discharge the petitioners and asked the petitioners to face trial for offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. According to FIR, the police got information that firearms are hidden in the paddy thatch of petitioner-Bharat Yadav. When the police reached the two brothers of Bharat Yadav were apprehended by the police who are also petitioners herein and

Patna High Court CR. MISC. No.48713 of 2015 dt.31-07-2019 2/2 from the place of search, which was a Hut of Bharat Yadav, two Guns were recovered besides a pistol and cartridges. The seizure list reveals that the recovery was from the Hut of Bharat Yadav.

4. The prayer for discharge is only on the ground that in the second page of the FIR one sentence has been intruded stating the fact that the brothers of Bharat Yadav disclosed that Bharat Yadav also resides with them and Bharat Yadav had just left the place. Further submission is that seizure list is not signed by Bharat Yadav or any of the family members. Hence, there is noncompliance of the requirement under Section 100 Cr.P.C.

5. The aforesaid issues cannot be examined at the stage of framing of the charges. In my view also, there is sufficient material for framing of the charges. Hence, this application has got no merit. Accordingly, it stands dismissed.

(Birendra Kumar, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.08.2019 Transmission Date 01.08.2019