Amitesh Kumar @ Sri Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23954 of 2018 Arising Out of P.S.Case No. -1062 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Amitesh Kumar @ Sri Ram Singh, Son of Late Vyas Singh, Resident of Village- Telpa, Police Station- Bikram, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Tiwary For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Bihta P.S.Case No.1062 of 2017 pending in the Court of ACJM, Danapur registered for an offence under Sections 25(1-b) a 26 and 35 of the Arms Act.

As per allegation this petitioner was apprehended by police party while carrying an illegal fire arm and live cartridges. It has been submitted that the petitioner has clean antecedent and has been implicated merely on suspicion. The petitioner is in custody since 16.12.2017. It has further been submitted that the seizure list was not prepared in presence of the petitioner.

The learned APP opposed the submissions.

Patna High Court Cr.Misc. No.23954 of 2018 (3) dt.17-05-2018 2/2 On perusal of FIR, it appears that this petitioner and coaccused Sanjeev Kumar was apprehended with their motorcycle and in course of search, a loaded country made fire arm and five live cartridges were recovered from the possession of the petitioner. Seizure list was prepared in presence of two witnesses and it bears the signature of the petitioner. Considering the recovery of loaded fire arm with five live cartridges, I am not inclined to grant him bail. Prayer for bail is rejected.

(Sanjay Kumar, J) B.Kr./- U T