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Patna High CourtCR. MISC./26324/2016rejected

Girish Kora v. The State Of Bihar

2016-09-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26324 of 2016 Arising Out of PS.Case No. -128 Year- 2009 Thana -DHARHARA District- MUNGER ====================================================== Girish Kora Son of Baudhu Kora resident of Village- Baijnath Pathri Tola, P.S.- Dharhara, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both sides.

The petitioner apprehends his arrest in Dharhara P.S. Case No. 128/2009, registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

The informant, an SHO, Dharhara alleged that on information that many persons of Moists group came and harvested the crops of Arun Singh, he along with other police personnel went there but the Moists had fled away. While the informant was returning some persons were fleeing away and, on search, two big guns, muskets, country made pistols and cartridges were recovered.

Learned counsel for the petitioner submits that the house is own parental place of the petitioner. It is further

Patna High Court Cr.Misc. No.26324 of 2016 (3) dt.01-09-2016 2/2 submitted that the petitioner was not living in the house. The house was captured by the Moists and the petitioner left his house. The petitioner and his family members are living in Delhi for his livelihood.

It appears that the FIR was lodged in the year 2009 and the petition is filed after seven years of the occurrence in which on search of the house of the petitioner huge quantity of arms and ammunitions were recovered.

Considering the facts aforesaid, I am not inclined to enlarge the above named petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T