Patna High CourtCR. MISC./45234/2024dismissed

Saini Das v. The State Of Bihar

2024-07-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45234 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- DHAMDAHA District- Purnia ====================================================== SAINI DAS SON OF LATE CHANDAN DAS VILLAGE- DAMGAR, P.S.- DHAMDAHA, DISTT.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections-25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, while the informant along with police personnel, on the tip off, reached at the place of occurrence, he saw two persons fleeing away but the informant with the help of police personnel caught one of them. The apprehended person disclosed his name as Saini Das (petitioner). On search, three country-made pistols and live cartridges were recovered from house of the petitioner.

4. It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.45234 of 2024(2) dt.03-07-2024 2/2 that the petitioner is in custody since 28-03-2024. Nothing has been recovered from conscious possession of the petitioner. The allegation levelled against the petitioner becomes falsified as there is no independent witness on seizure. It has also been submitted that the petitioner has been implicated in the present case due to village politics.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances as also the fact that three country-made pistols and live cartridges were recovered from house of the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Dhamdaha P.S. Case No. 82 of 2024 is rejected.

However, if so advised, the petitioner is at liberty to renew his prayer for bail after six months from today. (Nawneet Kumar Pandey, J) A.K.V.//- U T