Rajendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49876 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Rajendra Sharma Son of Late Dhruplal Sharma R/O Vill.- Ekderwa, P.S.- Gopalganj Town, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-09-2024 Heard Mr. Naresh Prasad, learned Advocate for the petitioner and the learned APP for the State.

2. Application of grant of bail to the petitioner, who is in custody in connection with Yadopur P.S. Case No.32 of 2024 registered for the offence punishable under Sections 25(1-B)(i), 25(1-B)(a), 25(1-AA), 26(1) and 26(2)/35 of the Arms Act.

3. In course of patrolling the police intercepted a motorcycle and apprehended the petitioner. On search a country made pistol and two live cartridges were recovered from the possession of the petitioner. It is further alleged that on interrogation the apprehended person disclosed that he is indulged in preparation of arms and ammunition. On the basis thereof, the police raided the house of the petitioner from where various incriminating materials used for preparation of arms recovered.

Patna High Court CR. MISC. No.49876 of 2024(3) dt.21-09-2024 2/3

4. Learned Advocate for the petitioner contended that in fact on account of past criminal antecedent of identical nature, the name of the petitioner has been implicated in this case. Referring to the FIR it is contended that the petitioner was apprehended under Yadopur Police Station but later on surprisingly on the disclosure made by the petitioner the police raided the house of the petitioner which was situated under the Gopalganj Mufassil P.S. It is further contended that there are various infirmities in the search and seizure, moreover, the copy of the seizure list has never been handed over to the petitioner nor it is accompanied with the FIR. It is lastly contended that in fact the petitioner is a blacksmith by profession having a small factory in his house and on that premise the FIR has been instituted on suspicion.

5. On the other hand, learned APP for the State vehemently opposed the bail application and submits that the FIR clearly discloses that a mini arms factory has been unearthed which was being run in the house of the petitioner apart form recovery of arms and ammunition from the possession of the petitioner.

6. Regard being had to the submissions made on behalf of the parties and considering the recovery of

Patna High Court CR. MISC. No.49876 of 2024(3) dt.21-09-2024 3/3 incriminating material suggesting the running of arms factory in the house of the petitioner, this Court is not inclined to enlarge the petitioner on bail for present.

(Harish Kumar, J) durgesh/- U T