Samir Quraishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35223 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SAMIR QURAISHI Son of Md. Dular Alam Resident of Mohalla - Shahganj Gali, P.S.- Sultanganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar Mr. Rajiv Ranjan Singh Miss. Priya Choubey For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Phulwarisharif P.S.Case No.160 of 2019 dated 14.2.2019 registered for offences punishable under Sections 25(1AA)/26 of the Arms Act.

Prosecution story is that the police has recovered two cartridges of 7.62 bore, one country-made pistol along with magazine containing cartridges of 7.62 bore from the house of one Asad Bari Khan during the invstigaiton of Phulwarisharif P.S.Case no.159 of 2019 and the accused has named the petitioner and stated that he has purchased the same from the petitioner.

Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.35223 of 2019(3) dt.17-08-2019 2/2 that nothing has been recovered from the possession of the petitioner and he has been made by the co-accused as well as he has no criminal antecedent.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the learned court below to verify the antecedent of the petitioner and if there is no criminal antecedence against the petitioner, he shall be released in connection with Phulwarishariff P.S.Case No.160 of 2019 dated 14.2.2019 to the satisfaction of the court below itself otherwise the petitioner has to pray for regular bail.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T