Patna High CourtCR. MISC./55729/2024bail rejected

Md. Haidar v. The State Of Bihar

2024-12-09Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55729 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- BANMANKHI District- Purnia ====================================================== MD. HAIDAR SON OF LATE Md. ILIYAS @ Lali Iliyas RESIDENT OF VILLAGE - BISANPUR, P.S. - BANMANKHI, DISTRICT - PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-12-2024 Heard Mr. Bhola Prasad, learned counsel for the petitioner and the State.

2. The petitioner is in custody in connection with Banmankhi P.S. Case No. 131 of 2024 for the offence punishable under section 25 (1-b)a of the Arms Act lodged on 04.04.2024 by the informant, Raj Kumar Chaudhary.

3. As per the prosecution story, the informant alleged that the petitioner who under his belt already has CCA Case No. 02 of 2024 appeared for his attendance. As he was wanted in connection with Banmankhi P.S. Case No. 70 of 2024, was detained, whereafter, he confessed his involvement in several other cases and upon his disclosure, the country-made fire arm beside two live cartridges were recovered near the graveyard concealed by him. This led to the FIR.

Patna High Court CR. MISC. No.55729 of 2024(4) dt.09-12-2024 2/2

4. Learned counsel for the petitioner submits that the Police in his custody tortured and got a confession which has no value in the eyes of the law.

5. Learned APP on the other hand pointed out that pursuant to the said confession, there is recovery of countrymade revolver as also live cartridge and as such, this fact cannot be ignored. Further, he has multiple criminal antecedents.

6. Taking into account the submissions put forwarded by the parties as also the fact that the petitioner is an accused in CCA Case No. 02 of 2024 beside number of other cases, on his confession, the arms used in different criminal act stands recovered/seized, in that background, for the present, this Court is not inclined to extend him the privilege of bail.

7. The present bail application stands rejected. (Rajiv Roy, J) Adnan/- U T