Md. Gulan @ Gulfam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57416 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== MD. GULAN @ GULFAM Son of Md.Ejajul Rahaman @ Ejazur Rahaman Resident of Village Mirjapur, Bardah, P.S.- Muffasil, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Jha For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the parties.
This application for regular bail arises out of Muffasil P.S. Case No. 1 of 2019, disclosing offences punishable under Sections 25(1-A), 25 (1-AA), 25 (1-B) A, 26 and 35 of the Arms Act.
It is the case of the prosecution that the police on the basis of secret information to the effect that the petitioner, who was absconding in connection with a case relating to recovery of AK-47 Rifle, had gone to search the petitioner's house. The petitioner and his brother, it is alleged, on seeing the police attempted to flee away but where subsequently apprehended. It appears from the case diary that on disclosure made by the petitioner fire arms viz, three country made pistol, three semi
Patna High Court CR. MISC. No.57416 of 2019(4) dt.18-12-2019 2/3 finished pistols and one semi finished magazine and 13 other articles were recovered from the courtyard of the petitioner's house. The petitioner has criminal antecedent as has been stated in paragraph 3 of the application, which are as under:- "(i) Muffasil P.S. Case No.
335 of 2018 under sections 25(1-b)a,26 of the Arms Act.
(ii) Muffasil PS Case No.
323 of 2018 U/s 121,379,414,120B,34 IPC, 25(1-a), 25(1-aa) 25 (1-B), A, 26, 35 of the Arms Act and 39 of U.A.P.
Act.
(iii) Muffasil P.S. case NO.
334/18 Under Section 121, 379,414,120B,34 IPC, 25(1-A), 25 (1AA), 25(1-b), a, 26, 35 of the Arms Act and 39 U.A.P. Act.
(iv) Muffasil P S Case No.
352/18 Under Section 121, 379,414,120B, 34 IPC, 25(1-A), 25(1AA), 25 (1-B), A, 26,35 of the Arms Act and 39 U.A.P. Act.
(v) Muffasil PS Case No.
353/18 Under Section 121,379,414,120B,34 IPC, 25(1-A), 25(1-AA), 25 (1-b),a, 26, 35 of the Arms Act and 39 UAP Act."
Patna High Court CR. MISC. No.57416 of 2019(4) dt.18-12-2019 3/3 Learned counsel appearing on behalf of the petitioner has submitted that he is in custody since 02.01.2019. Be that as it may, considering the gravity of the offence and the petitioner's criminal history, I am not inclined to grant privilege of regular bail to the petitioner. This application is rejected.
Learned Court below is, however, directed to make endeavour to conclude the trial expeditiously, preferably within six months from the date of receipt/production of a copy of this order.
The District Magistrate and the Superintendent of Police, Munger are directed to ensure that the witnesses are made available and necessary sanction order as required under the Arms Act is passed, in accordance with law, for early disposal of trial. If there is no substantial progress in the trial, the petitioner shall have liberty to approach this Court, renewing his prayer for bail after six months.
Let a copy of this order be communicated to the District Magistrate, Munger and the Superintendent of Police, Munger forthwith.
arun/- (Chakradhari Sharan Singh, J) U