Md. Niyaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63630 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Md. Niyaz Ahmad Son of Rayeesuddin Resident of Village - Khajuraho, Police Station - Salkhua, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tanweer Kamal For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Salakhua P.S. Case No. 115 of 2024 dated 30.04.2024 registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case at the instance of his relatives.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that one loaded country made pistol along with 4+3 live cartridges along with magazine and one counter made pistol along with

Patna High Court CR. MISC. No.63630 of 2024(3) dt.17-12-2024 2/2 one live cartridge were recovered from the house of the petitioner.

5. Since, there is recovery of arms and ammunition from the house of the petitioner, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

6. Accordingly, the instant anticipatory bail application is rejected.

(Satyavrat Verma, J) Rishabh/- U T