Sanjay Mahto @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5482 of 2016 Arising Out of PS.Case No. -523 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Mahto @ Sanjay Kumar Son of Late Ganauri Mahto, Resident of Village- Arpa, Police Station- Hilsa, District- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 25(1-b) a and 26 of the Arms Act. Prosecution case is that on getting information, informant along with other police officers had raided the house of petitioner and recovered 14 piece cartridges of 0.333 bore under the bed of the room. Petitioner managed to flee away from there. It is submitted on behalf of the petitioner that he has falsely been implicated in the present case. In absence of the petitioner search was made in the house of the petitioner. There is no compliance of Section 100 of the Code of Criminal Procedure. Nothing has been recovered from conscious possession of this petitioner.

On behalf of the State, it is submitted that 14 piece cartridges are said to have been recovered from the house of the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, same is rejected.

Patna High Court Cr.Misc. No.5482 of 2016 (2) dt.18-03-2016 2/2 Any how, if petitioner surrenders in the court below, i.e., learned A.C.J.M., Hilsa No. 1 (Nalanda), in connection with Hilsa P. S. Case no. 523 of 2015/G.R. no. 2120 of 2015 within a period of six weeks from the date of receipt of a copy of this order and pray for regular bail, same shall be considered and disposed of preferably on the same day on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T