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Patna High CourtCR. MISC./62046/2019rejected

Jageshwar Das v. The State Of Bihar

2020-02-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62046 of 2019 Arising Out of PS. Case No.-146 Year-2019 Thana- BELHAR District- Banka ====================================================== JAGESHWAR DAS Son of Hira Das Resident of Village - Khasiya, P.S.- Belhar, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-02-2020 Heard learned counsels for the petitioner and the State.

Petitioner seeks bail in connection with Belhar P.S. Case No. 146 of 2019 registered for the offence punishable under sections 25(1-b)a, 26(ii), 35 of the Arms Act. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Petitioner has not committed any offence. Nothing has been recovered from the conscious possession of this petitioner. Petitioner is a man of clean antecedent and is in custody since 22.05.2019.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named

Patna High Court CR. MISC. No.62046 of 2019(4) dt.17-02-2020 2/2 accused and there is recovery of prohibited arms from the house of this petitioner and during investigation witnesses have supported the prosecution case. He, therefore, submits that petitioner does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

However, petitioner will be at liberty to renew his prayer for bail after framing of charge, (Arvind Srivastava, J) mcv/- U T