Patna High CourtCR. MISC./47972/2024dismissed

Mausham Adhikari v. The State Of Bihar

2024-07-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47972 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Mausham Adhikari Son of Sundar Rai Resident of Vill- Malangwa, Ward No. 10, P.S.- Malangwa, District- Sarlahi (Nepal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Singh For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 25(1-b)a and 26 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol from the waist of the petitioner and after unloading the pistol, one live cartridge has been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has no concern with the alleged recovery of arms. He is languishing in judicial custody since 18.03.2024.

5. Learned APP for the State has opposed the

Patna High Court CR. MISC. No.47972 of 2024(2) dt.18-07-2024 2/2 application for bail and submitted that petitioner is named in the F.I.R. and there has been recovery of one loaded pistol from the conscious possession of the petitioner. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial within six months and if the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail before the Court below itself and the Court below shall consider his bail application without being prejudiced by this order.

(Nawneet Kumar Pandey, J) Arish/- U T