Sanjay Kumar @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43823 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== SANJAY KUMAR @ SANJAY YADAV S/o Sree Ram Singh Yadav R/o village- Lal Ganj, P.S.- Buxar (Muffasil), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 The petitioner apprehends his arrest in connection with Buxar (Industrial Area) P.S. Case No. 38 of 2019 registered under Sections 25(1-b)a,25(1-AA), 26, 29 and 35 of the Arms Act.

Allegation as per the FIR is that one person, upon seeing the police, started to flee away and the police apprehended that person who disclosed his name as Dharmesh Yadav and from his possession, one loaded country made pistol, two live cartridges, one mobile and other arms were recovered. It has further been alleged that on query, arrested accused disclosed the name of the petitioner as one of the active members of the gang of arms supplier.

Learned counsel appearing on behalf of the petitioner submits that no recovery of firearms has been made against the

Patna High Court CR. MISC. No.43823 of 2019(2) dt.17-07-2019 2/2 petitioner and the petitioner has got no criminal antecedent. On the other hand, learned advocate appearing on behalf of the State submits that it appears that huge cache of arms have been recovered from the co-accused Dharmesh Yadav, who disclosed the name of the petitioner as one of the active members of the arms supplier gang indulged in supplying illegal arms and further investigation against the petitioner is still pending.

After having heard learned counsel for the parties and taking into consideration the fact that investigation against the petitioner is still pending and huge cache of arms have been recovered and custodial interrogation of the petitioner is necessary, as such I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail of the petitioner is hereby rejected.

(Anil Kumar Sinha, J) sujit/- U T