Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5613 of 2017 Arising Out of PS.Case No. -559 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ======================================================
1. Manish Kumar Son of Prayag Chaudhary, Resident of Village- Anaith (Kurmi Tola), P.S. Ara Nawada, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.
The petitioner seeks regular bail in connection with Ara Nawada P.S. Case No. 559 of 2016 registered for the offences punishable under Sections 25(1-B)/A/ 26/35 of the Arms Act.
The allegation against this petitioner is that he was caught by the police and a country made loaded pistol was recovered from his possession. The seizure list was prepared in presence of two witnesses and it bears signature of this petitioner also.
Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession.
Patna High Court Cr.Misc. No.5613 of 2017 (2) dt.15-02-2017 2/2 The petitioner is in custody since 20.09.2016, having no criminal antecedent.
Learned APP for the State opposed the submission. Considering the recovery of loaded firearm from the possession for the petitioner, I am not inclined to grant him bail. The prayer is rejected.
However, if the trial is not completed within three months from the date of receipt / production of this order, the petitioner shall have liberty to renew his prayer for bail. (Sanjay Kumar, J) ajaypd./- U T