Patna High CourtCR. MISC./45460/2019dismissed

Asgar Ali @ Saiyed Asagar Ali Mastan @ Mastan Baba v. The State Of Bihar

2019-11-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45460 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Asgar Ali @ Saiyed Asagar Ali Mastan @ MASTAN BABA, Son of Late Md. Ali, Resident of Village - Rauza Rauza, P.S.- G.B. Nagar, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 This is an application for grant of anticipatory bail in connection with G.B. Nagar P. S. Case No. 61 of 2019, disclosing offences under Sections 341, 342, 467, 468, 420, 353, 120 B of IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per F.I.R. petitioner happens to be the Baba of the Majar and he was engaged in 'Jhar Fook', huge amount has been recovered. Apart from that illegal fire arms has also been recovered.

Submission of the learned counsel for the petitioner is that so far as Jhar Fook is concerned, it is usual in nature in the society and so far amount is concerned, which has been collected from the Majar, so far illegal arms is concerned, the same has not been recovered from his conscious possession,

Patna High Court CR. MISC. No.45460 of 2019(4) dt.18-11-2019 2/2 rather behind the back of the Majar.

Heard learned A.P.P. also.

Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender and pray for regular bail before the learned court below, the same shall be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T