Md. Shahnawaj @ Shahnawaj Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.10310 of 2016 (3) dt.26-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10310 of 2016 Arising Out of PS.Case No. -204 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Md. Shahnawaj @ Shahnawaj Alam S/o Kalam @ Fato resident of village - Mirjapur Bardah, P.S. Muffasil, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 204 of 2015 registered for the offences punishable under Sections 25 (1-b)a/ 25(1-AA)/ 25(1-AC) of the Indian Penal Code.

Allegedly, acting on a tip off raid was conducted in the house of the petitioner and two pistols were recovered from the dickey of the motorcycle and further two pistols were recovered from the bed of the petitioner but the petitioner succeeded in fleeing away after jumping from the roof.

Submission is of false implication and that the petitioner has been made victim of police atrocity, nothing has

Patna High Court Cr.Misc. No.10310 of 2016 (3) dt.26-04-2016 been recovered from conscious possession of the petitioner, seized motorcycle is not stolen property rather the same is of deceased father, without complying the mandatory provision of law search and seizure were made, the petitioner is a student and he was preparing for competitive examination, he has got no criminal antecedent and he is suffering in custody since 11.01.2016. The learned A.P.P. opposes the prayer of bail by submitting that four pistols were recovered and the petitioner is indulged in dealing with the illegal arms.

In the facts and circumstances stated above, at this stage, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Muffasil P.S. Case No. 204 of 2015 pending in the Court of Sri. Sonelal Rajak, Judicial Magistrate 1st Class, Munger. However, let the trial be expedited and concluded within six months after keeping the same on day to day basis after receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) sushma/- U T