Patna High CourtCR. MISC./37365/2023rejected

Ajit Kumar v. The State Of Bihar

2023-07-26Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37365 of 2023 Arising Out of PS. Case No.-1242 Year-2022 Thana- BIHTA District- Patna ====================================================== Ajit Kumar Son Of Late Niranjan Yadav Resident Of Village - Maudahi, P.S. - Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 26-07-2023 Heard Mr. Gopal Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 1242 of 2022 registered for the offence punishable under Sections 25(1-b)A/26/35 of the Arms Act.

3. It is alleged that on a tip of secret information, the house of the petitioner and co-accused 'Mukesh Singh' was raided and in course of search, one revolver made in Austria, 283 live cartridges and cash of more than Rs. 2,00,000/- were recovered.

4. Learned counsel appearing on behalf of the petitioner submits that the alleged recovery has been made from the joint family house where several persons reside and the petitioner cannot be held responsible for the same. He next

Patna High Court CR. MISC. No.37365 of 2023(2) dt.26-07-2023 2/2 submits that the petitioner has no concern with the co-accused 'Mukesh Singh', however, only in order to implicate him, his name has been added with co-accused. He next submits that the petitioner has absolutely clean antecedent and there is serious infirmities in the search and seizure, apart from the fact that there is no signature of any of the family members on the seizure list.

5. On the other hand, learned APP for the State vehemently opposes the pre-arrest bail application and submits that a huge quantity of arms and ammunitions has been recovered.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of recovery from the house of the petitioner, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Harish Kumar, J) shivank/- U T