Md. Rajjo @ Rijwan @ Rijvan Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54938 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== MD. RAJJO @ RIJWAN @ RIJVAN ALI S/O MD. CHHEDI R/o villageSukharghat, P.S.- Alamngar (Ratwara O.P.), Distt.- Madhepura ... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1-b), 26 of the Arms Act.

It is alleged that "three fifteen rifle" was recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious

Patna High Court CR. MISC. No.54938 of 2021(3) dt.26-09-2022 2/2 possession of the petitioner. He submits that petitioner was not present at the time of occurrence. He submits that there is no compliance of Section 100 of the Cr.P.C. and the said house is a joint family property. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that alleged recovery is made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Alamnagar (Ratwara O.P) P.S. Case No. 79 of 2021.

(Anjani Kumar Sharan, J) ajay/- U T