Patna High CourtCR. MISC./47309/2016rejected

Ram Nibas Sharma @ Ramanji Sharma v. The State Of Bihar

2017-01-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47309 of 2016 Arising Out of PS.Case No. -22 Year- 2016 Thana -MAIN P.S. District- GAYA ====================================================== Ram Nibas Sharma @ Ramanji Sharma son of Late Raj Kumar Sharma, resident of Village- Samsara, P.S. Mian (Pai Bigha O.P.), District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Main (Pai Bigha O.P.) P.S. Case No. 22 of 2016 for the offences punishable under sections 25 (1-b) A, 26 and 35 of the Arms Act. Allegedly, from the house of the petitioner one country made 3-nut, one country made pistol, one more country made 3-nut, pistol cover, live cartridges and misfired cartridges were recovered.

Submission is of false implication and that as per FIR the son of the petitioner has kept those articles and he was custodian of the same, but the petitioner being father has been implicated and as such the petitioner deserves sympathetic

Patna High Court Cr.Misc. No.47309 of 2016 (4) dt.27-01-2017 2/2 consideration, to which the learned A.P.P. opposes by submitting that the wife of the petitioner has stated that he also uses the firearm.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of A.C.J.M-VI, Gaya.

(Jitendra Mohan Sharma, J) Abhay/- U T