Md. Aurangzeb @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32301 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== MD. AURANGZEB @ RAJA S/o Md. Jahiruddin R/o Vill.-MIrzapur Bardah, P.S.-Muffasil, Distt.-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Jha For the Opposite Party/s :

Mr.Binod Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail arises out of N.H. Bangra P.S. Case No. 08 of 2020 registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1AC), 25 (1-b)A, 26(i) (ii) and 35 of the Arms Act. On the basis of secret information, as alleged in the F.I.R., a raid was conducted in the house of one Manjur Alam, leading to arrest of three persons including this petitioner. On search, country made pistols and other articles were recovered, which indicated that the accused persons

Patna High Court CR. MISC. No.32301 of 2020(4) dt.05-02-2021 2/3 were engaged in manufacturing of arms.

Learned counsel appearing on behalf of the petitioner has submitted that from the petitioner's possession only a mobile phone was recovered. He has further argued that the petitioner was not arrested from the house of the coaccused Manjur Alam rather he was arrested from outside the house when he was allegedly fleeing away from the place where the search was being made.

On careful perusal of the First Information Report, it is evident that the police recovered several articles from the house of the co-accused, where the petitioner was present, indicating manufacture of firearms in the said house. The raid was conducted in the wake of a secret information that the criminals were manufacturing and dealing with illegal arms and were running a mini gun factory. The petitioner has criminal antecedent.

Considering the gravity of the offence alleged in the F.I.R., I am not inclined to grant the petitioner privilege of regular bail for the present.

This application is accordingly dismissed.

The petitioner shall be at liberty to renew his prayer for bail after six months, if in the meanwhile, no charge

Patna High Court CR. MISC. No.32301 of 2020(4) dt.05-02-2021 3/3 is framed.

(Chakradhari Sharan Singh, J) AKASH/- U T