Mukesh Kumar Shah @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61071 of 2021 Arising Out of PS. Case No.-192 Year-2021 Thana- AIRPORT District- Patna ====================================================== Mukesh Kumar Shah @ Mukesh Kumar Son Of Ram Chandra Prasad R/O Village- Piprawajid, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Hawai Adda P.S. case No.192 of 2021 registered under Sections 25(1-b)a/26 of the Arms Act, pending in the court of A.C.J.M. XI, Patna.

Prosecution case, in short, is that the petitioner was travelling from Patna to Delhi by flight. During screening of hand bag, one magazine of pistol was found in his hand bag. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.61071 of 2021(3) dt.24-02-2022 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The recovery of magazine while travelling in the flight is denied by the petitioner. It has further been submitted that the petitioner has been granted benefit under Section 41(1) of Cr.P.C. and he has not misused the same.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. From perusal of the case diary, it is evident that the magazine of fire arm was recovered from the hand bag of the petitioner at the Patna Airport. It is a serious matter of concern and in such circumstances, the petitioner cannot be given privilege of anticipatory bail. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T