Vikash Raj @ Mahakal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31441 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Vikash Raj @ Mahakal Son of Krishna Ballov Sahay @ Krishn Ballov Sahay Resident of Mohalla-Bari Khanjarpur, Police Station-Barari, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Sultanganj P.S. Case No. 10 of 2022 registered for the offences under Sections 25(1-B)a, 26 of the Arms Act.

As per the allegation seven country-made pistols along with cartridges were recovered from the possession of this petitioner.

The main submissions advanced by the learned counsel Mr. Dr. Manoj Kumar for the petitioner are that there is no independent witness of the alleged search and seizure of the alleged fire-arms, the petitioner has been languishing in jail

Patna High Court CR. MISC. No.31441 of 2022(2) dt.25-08-2022 2/3 since 19.01.2022 and in actual the alleged fire-arms were recovered from a tea shop and thereafter the petitioner was made scapegoat by the police showing the alleged recovery having been made from his possession.

Learned APP Mr. Brajendra Nath Pandey appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR and the seizure list attached to the FIR. As per the allegation, the petitioner was caught red-handed with fire-arms when the police was conducting vehicle checking campaign while acting on a tip off and from the person of this petitioner, two loaded countrymade pistols were recovered and from the search of a bag which was being carried by this petitioner, five country-made pistols along with cartridges were also recovered and the petitioner could not produce the valid documents to justify his possession over the alleged fire-arms at the time of alleged recovery. Considering the nature of the allegations which relate to recovery of the fire-arms, in my view the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected.

(Shailendra Singh, J.) sangam/-

Patna High Court CR. MISC. No.31441 of 2022(2) dt.25-08-2022 3/3 U T