Surendra Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.11025 of 2016 (2) dt.18-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11025 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -BARUN District- AURANGABAD ====================================================== Surendra Paswan S/o Late Munarik Paswan, R/o Village- Keshopur, P.s.- Barun, District- Aurangabad .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Awadhesh Kumar, Advocate For the Opposite Party : Mr. Durgesh Nandan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 177 of 2015 pending in the Court of CJM, Aurangabad for the offences instituted under Sections 25(1)a, 26(2) and 35 of the Arms Act.
As per the prosecution case, it is a case of recovery of some arms and ammunition from the possession of the accused persons.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no recovery from the conscious possession of this petitioner. Petitioner has been named by the co-accused and except for that,
Patna High Court Cr.Misc. No.11025 of 2016 (2) dt.18-04-2016 there is no other substantive material to show the implication of the petitioner in the present case.
On behalf of the State, it has been submitted that the petitioner is named in the FIR and was involved in manufacturing of illegal arms.
Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.
Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T