Banti Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24329 of 2017 Arising Out of PS.Case No. -287 Year- 2016 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Banti Sharma, son of Naresh Sharma, resident of village- Suturkhana, P.S.- Muffasil, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 25-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Muffasil P.S. Case No.287 of 2016 instituted for the offence under Section(s) 25(1-A), 25(1-AA), 25(1-b) A/25(1-AC), 26(i)(ii)/35 of the Arms Act pending in the Court Sub-Divisional Judicial Magistrate, Munger.

There is allegation that the informant got information that a Mini Gun Factory is running in the house of this petitioner. The police raided the house of the petitioner and recovered several semi manufactured fire arms as well as instruments for making fire arms. The police prepared seizure list. The petitioner managed to run away. Seizure list is enclosed with the First Information Report.

Patna High Court Cr.Misc. No.24329 of 2017 (4) dt.25-07-2017 2/2 Counsel for the petitioner has submitted that the petitioner is suffering from mental illness. He is under treatment of Neuro Physician, so, he may be given protection in terms of Section 330 Cr. P. C.

This Court is of view that such plea be taken by the petitioner in the Court below at the time of hearing of regular bail application after surrender of the accused.

The police have recovered several semi manufactured fire arms as well as materials for making fire arms from the house of the petitioner.

Therefore, this Court does not find it a fit case for grant of anticipatory bail.

Accordingly, prayer for anticipatory bail is rejected. The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit by the Court below without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T