Premchand Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26888 of 2020 Arising Out of PS. Case No.-511 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== PREMCHAND BIND Son of Lakhan Bind @ Lakhan Mahto Resident of Bind Toli (Chakia), P.S.- Barauni (Chakia), District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2020 Heard Mr. Mr. Manoj Kumar, learned counsel for the petitioner and Mr. Chaubey Jawahar, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Barauni (Chakia OP) PS Case No. 511/2019 registered for the offence punishable under Section 25(1-b)a /26 of the Arms Act.

3. The allegation against the petitioner, as per First Information Report, is that the police recovered a country made pistol along with a live cartridge from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the process of seizure prescribed under Section 100 CrPC has not been followed.

Patna High Court CR. MISC. No.26888 of 2020(2) dt.21-10-2020 2/2

5. Learned counsel further submits that petitioner is in custody since 24.11.2019.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got criminal antecedents, I am not inclined to grant regular bail to the petitioner. Accordingly, the same is rejected.

7. However, petitioner, if so advised, may renew his prayer for bail after three months from today. (Anil Kumar Sinha, J) perwez U T