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Patna High CourtCR. MISC./10556/2017rejected

Ganesh Rai v. The State Of Bihar

2017-03-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10556 of 2017 Arising Out of PS.Case No. -346 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ======================================================

1. Ganesh Rai, Son of Shyam Kishore Rai, Resident of Village- Jamla Mandal, P.S. Majorganj, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2017 Heard both sides.

The petitioner apprehends his arrest in Majorganj P.S. case No.346 of 2016 under Section 25(1-B) a, 26 of the Arms Act.

The police officer got information that Ganesh Rai, the petitioner, accused of Majorganj P.S. case No. 200 of 2016, had come to his house and, on such, a raid was conducted but the petitioner managed to flee away. The police, on search, recovered country made gun and a Nokia mobile from under the bed of the petitioner.

The learned counsel for the petitioner submits that the house is joint family property and many persons are residing in the house but only petitioner has been made accused but from

Patna High Court Cr.Misc. No.10556 of 2017 (2) dt.16-03-2017 2/2 perusal of the FIR, it appears that arms was recovered from under the bed of the petitioner and petitioner is accused in Excise case from before.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T