Manoj Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35201 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== MANOJ LAL S/o Late Dharmdeo Lal @ Late Dharmdev Lal Resident of village-Tirojpur, P.S.-Udwant Nagar, District-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 25(1-b) a, 26 Arms Act.

3. As per F.I.R, in the house of the petitioner one country made pistol and five live cartridges were found in a polythene bag under wooden cot.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this false and concocted case. Nothing has been recovered from the possession of the petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail and submits that the alleged materials have been recovered from the house of the petitioner. It is further

Patna High Court CR. MISC. No.35201 of 2023(2) dt.21-07-2023 2/2 submitted that there is seizure memo on the record which indicates that there was recovery of one country made pistol and five live cartridges which belongs to petitioner.

6. Considering the fact that recovery of incriminating material was from the house of the petitioner and nature of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T