Patna High CourtCR. MISC./8459/2016rejected

Md. Firoz Alam @ Fizwa v. The State Of Bihar

2016-06-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8459 of 2016 Arising Out of PS.Case No. -242 Year- 2015 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Firoz Alam @ Fizwa, Son of Late Md. Taslim @ Karoo, Resident of Village - Mirzapur Bardah, P.S. Muffasil, District - Munger .... .... Petitioner

Versus

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

For the Petitioner : Shri Kanhaiya Pd. Singh, Sr. Advocate.

For the Opposite Party : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2016 Heard both sides.

The petitioner apprehends his arrest in Muffasil (Munger) P.S. Case No. 242 of 2015, registered for the offences punishable under Sections 25(1-b)A, 25(1-a), 25(1-AA), 25(1AC), 26(i)(ii)(iii) of the Arms Act. The police raided the place from where eight persons were apprehended and different arms and ammunitions were recovered.

Shri Kanhaiya Pd. Singh, learned senior counsel for the petitioner submits that name of the petitioner figured in the case in the statement of the apprehended accused. The petitioner has got enmity with the S.H.O. and that is why he has been implicated in this case. The apprehended accused persons from whose

Patna High Court Cr.Misc. No.8459 of 2016 (3) dt.21-06-2016 2/2 possession arms and ammunitions were recovered have already been enlarged on regular bail.

Considering the facts aforesaid and the fact that the petitioner has got criminal antecedent and he is accused in one criminal case in which he is on bail, I am not inclined to enlarge the petitioner above named on anticipatory bail in Muffasil (Munger) P.S. Case No. 242 of 2015. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and the learned court below shall consider the prayer for regular bail taking into consideration that all other accused persons who were apprehended on the spot with arms have already been granted regular bail and disposed of the bail petition on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T