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Patna High CourtCR. MISC./13809/2018rejected

Dharmendra Kumar @ Manjho @ Manjhi v. The State Of Bihar

2018-06-20Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13809 of 2018 Arising Out of PS. Case No.-49 Year-2017 Thana- WAINA District- Nalanda ====================================================== Dharmendra Kumar @ Manjho @ Dharmendra Kumar @ Manjhi S/o Sri Manoj Chauhan, Residing at Village- Khokhri chak (Sikraundha), P.S. Birpur, Dist.- Begusarai, and at present Vill.- Janari, P.S.- Ben, Sthit Late Kanpu Chauhan Ka Nati, Kurthaul near Chura Mill, Parsa, Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Tej Kumar Maharaj For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Ben PS Case No.49 of 2017 registered under Sections 25(1-b)a/26/27 of the Arms Act.

The case in brief is that the petitioner was found in possession of 9 MM auto pistol with three cartridges in the magazine and one in the chamber and further 19 live cartridges in his pocket.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has only one criminal antecedent that too of the year 2014; whereas learned APP for the State submits that the recovered arms is a

Patna High Court Cr.Misc. No.13809 of 2018(4) dt.20-06-2018 2/2 prohibited arms and altogether along with prohibited arms, 22 live cartridges have been recovered and still charge has not been framed as the petitioner is not filing rejoinder to the petition filed by the prosecution for committing the case to the court of sessions.

Having considered the aforesaid facts and circumstances, presently the prayer of bail of the petitioner is rejected.

(Arun Kumar, J) S.KUMAR/- U T