Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66251 of 2018 Arising Out of PS. Case No.-20 Year-2017 Thana- GANGTA District- Munger ====================================================== Md. Faiyaz, Son of Md. Aziz @ A. Ajij, Resdent of Village- Bardah, Police Station- Mufassil, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Gangta P.S. Case No. 20 of 2017 dated 18.04.2017 instituted under Sections 25(1-A)/25(1-AA)/25(1-B)(a) (c)/26(1) (2) (3)/35 of the Arms Act.

3. The allegation against the petitioner and five others is of running an illegal arms manufacturing factory and the petitioner is said to have run away and his name was disclosed by the sole person, who was caught at the spot.

4. Learned counsel for the petitioner submitted that he has been falsely implicated and that there has been no recovery from him.

Patna High Court Cr.Misc. No.66251 of 2018 dt.21-12-2018 2/2

5. Learned A.P.P. submitted that the petitioner has another case pending against him under similar sections and further at the very time when the other co-accused was caught, the name of the petitioner was disclosed and, thus, it cannot be said to be false implication.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T