Annu Kumar @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24550 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Annu Kumar @ Saurav Kumar son of Pyarelal Patel, R/o village Uttarari Pokhara Mahair Chowk, P.S. Kalibag O.P. (Bettiah Town), District West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-04-2019 Heard both sides.

The petitioner apprehends his arrest in Bettiah Town P.S. Case No.84 of 2019 registered under Sections 25(1-B)a, 26 and 35 of the Arms Act.

The gist of the allegation that the police apprehended one Lucky @ Soaib Akhtar from whose possession, one loaded pistol was recovered. Lucky @ Soaib Akhtar is also said to have disclosed that the petitioner (Annu Kumar), who runs a gym in his house, had given firearm to him.

Learned counsel for the petitioner submits that no offence under sections 25(1-B)a, 26 and 35 of the Arms Act is made out against the petitioner. There is no material on record to show that it was the petitioner who had handed over a firearm to

Patna High Court CR. MISC. No.24550 of 2019(2) dt.16-04-2019 2/2 Lucky @ Soaib Akhtar. The petitioner being the owner of the building chided Lucky not to disturb the girls who used to come to his Gym and, therefore, on being annoyed, Lucky @ Soaib Akhtar named the petitioner.

Having considered the facts aforesaid and the fact that the accused from whose possession a loaded pistol was recovered disclosed that the petitioner had given a firearm to him but there is no material to substantiate the fact that the petitioner had given a loaded firearm to Lucky @ Soaib Akhtar, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.84 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T