Chhotu Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47946 of 2022 Arising Out of PS. Case No.-443 Year-2022 Thana- NAWADA District- Nawada ====================================================== Chhotu Malakar Son Of Jagdev Malakar @ Jago Malakar, Resident Of Village - Anti, P.S.- Kadirganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nawada Town (Kadirganj) P.S. Case No. 443 of 2022 lodged under Sections 25(1-b)a/26/35 of the Arms Act and under Section 3⁄4 of Explosive Substance Act.

As per prosecution, the recovery of one carbine has been made from the house of the petitioner which was kept below his bed.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel further submits that antecedent of the petitioner is clean and he

Patna High Court CR. MISC. No.47946 of 2022(3) dt.21-02-2023 2/2 is in custody since 08.05.2022.

Learned counsel for the State opposes the prayer for bail and submits that one carbine has been recovered from the house of the petitioner.

Upon specific query that whether charge has been framed or not, counsel for the petitioner submits that charge has not been framed.

In this view of the matter, I am not inclined to grant bail to the petitioner. Accordingly, the bail petition of the petitioner is hereby rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) ravishankar/- U T