Achhelal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.7391 of 2015 (3) dt.12-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7391 of 2015 Arising Out of PS.Case No. -104 Year- 2014 Thana -BISHWAMBHARPUR District- GOPALGANJ ======================================================

1. Achhelal Yadav Son of Late Jagnnath Yadav Resident of village - Manbodh Parsauni, P.S. Uchkagaon, District - Gopalganj ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Mishra For the Opposite Party/s : Mr. S.D.Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3.

12-03-2015.

Heard both sides.

Petitioner seeks bail in a case under Sections 25(10b)A/26/35 of the Arms Act.

The police raided the house of Kalpnath Yadav, where the petitioner was also present and from his possession, country made pistol, mobile phones and one voter I.D.Card were recovered.

It is submitted that nothing has been recovered from the possession of the petitioner. The seizure-list witnesses have stated that no arms and ammunition were recovered from the possession of the petitioner in their presence. It also appears that the petitioner tried to tamper the evidence of the seizure-list witnesses. The fact remains that the loaded country made pistol was recovered from the possession of the petitioner. Considering the facts and nature of allegation, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected. (Prabhat Kumar Jha, J.) ahk/- U T