Patna High CourtCR. MISC./61752/2023rejected

Hasan Mansuri v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61752 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== HASAN MANSURI Son of Kasim Mansuri @ Md. Kasim R/o vill - Bhagwanpur, ward no. 13, P.S. - Parihar, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

3. As per prosecution case, the petitioner was apprehended on the spot from whose possession, two pistols, three live cartridges and one empty cartridge were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to police mechanism. There is no allegation of use of that arms.

Patna High Court CR. MISC. No.61752 of 2023(4) dt.29-01-2024 2/2 Petitioner is languishing in judicial custody since 05.06.2023.

5. Learned APP appearing for the state has vehemently opposed the prayer of regular bail and submitted that petitioner was arrested on the spot with arms and ammunition and from his possession, two pistols along with three live cartridges have been recovered. He has total five criminal antecedents as stated in para -3 of the bail petition. During course of investigation, witnesses have also supported the recovery of arms and ammunition from the possession of the petitioner.

6. Having heard the learned counsel for the parties and considering the fact and gravity of the nature, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T