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Patna High CourtCR. MISC./17889/2018rejected

Arjun Raj v. The State Of Bihar

2018-03-29Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17889 of 2018 Arising Out of PS. Case No.-289 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Arjun Raj, S/o Raj Mangal Ram, Resident of Village- Lakhnauri, P.S.- Deoriya, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. SRI MRITUNJAY KUMAR NIRALA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Sahebganj P.S. Case No.289 of 2017, registered under Section 120(B) of the Indian Penal Code, under Sections 25(1-b)a/25(1A)/25(1-AA)/25(1-AAA)/26(2)/27(2)/35 of the Arms Act, under Sections 3⁄4 of the Explosive Act as well as under Sections 16/17/18/20/22/23 of the UAP Act.

Allegation in brief is that police raided a place early in the morning and large number of members of the extremist outfit had gathered with huge quantity of arms; SLR, AK-47 and others were recovered and from possession of the petitioner, one loaded country made pistol was recovered.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.17889 of 2018(3) dt.29-03-2018 2/2 recovery of one loaded country made pistol, as per allegation, and the petitioner is in custody since 11.10.2017; whereas learned counsel for the State submits that members of the extremist outfit were apprehended and arms, like, SLR, AK-47, detonators and others were recovered from possession of other and also from this petitioner, a country made loaded pistol, besides this the petitioner has also two criminal antecedents. Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is presently rejected in connection with Sahebganj P.S. Case No.289 of 2017, pending in the court of learned Sessions Judge-cum-Special Judge, Muzaffarpur.

(Arun Kumar, J) S.KUMAR/- U T