Rakesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42035 of 2016 Arising Out of PS.Case No. -77 Year- 2016 Thana -BARAHIYA DistrictLAKHISARAI =====================================

1. Rakesh Mahto, Son of Vinesar Mahto, Resident of VillageGopalpur, P.S.- Barahia, District-Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Irshad For the Opposite Party/s : Mr. Asha Devi ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Barahia P.S. Case No. 77 of 2016, disclosing offences under Sections 25(1-b)A, 26 and 35 of the Arms Act.

Allegedly, the petitioner was in possession of illegal firearm, which was being tested by another coaccused, namely, Ajeet Kumar, which led to his death, I am not inclined to grant the petitioner, above named, the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.42035 of 2016 (2) dt.30-09-2016 2/2 Considering the nature of allegation that the said firearm belonging to the petitioner, I am not inclined to grant him the privilege of anticipatory bail. This application is, accordingly, rejected.

The petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) Praveen-II/-c U T