Patna High CourtCR. MISC./24600/2018rejected

Md. Parvez Alam @ Parvez Alam v. The State Of Bihar

2018-04-26Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24600 of 2018 Arising Out of PS. Case No.-705 Year-2017 Thana- PHULWARI District- Patna ====================================================== Md. Parvez Alam @ Parvez Alam Son of Late Md. Abdul Hafizuddin, Resident of Village-Gauragarh, Police Station-Bihar (Bihar Sharif), DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devi Das Srivastava For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Phulwari Sharif PS Case No.705 of 2017, registered under Sections 25(1-B) a/26/35 of the Arms Act.

Allegation in brief is that a vehicle was intercepted by the police and three persons boarding the vehicle started escaping away but apprehended and 1350 cartridges of .315 bore were recovered from the said vehicle.

Learned counsel for the petitioner submits that the recovery is not from conscious possession of the petitioner and another person Krishna Prasad apprehended along with the petitioner was granted bail by a co-ordinate Bench of this Court

Patna High Court Cr.Misc. No.24600 of 2018(2) dt.26-04-2018 2/2 vide Cr. Misc. No.17207 of 2018 on 29.03.2018; whereas the learned counsel appearing on behalf of the State submits that hudge quantity of cartridges were recovered for supplying to some other person as stated by the petitioner in his confessional statement. Moreover, the case of the petitioner also stands on different footing to Krishna Prasad, who was granted bail because this petitioner has two criminal antecedents under the Arms Act.

Having considered such huge recovery of the illegal cartridges, the prayer of bail of the petitioner is rejected in connection with Phulwari Sharif PS Case No.705 of 2017, pending in the court of learned Sub Judge-XV-cum-Additional Chief Judicial Magistrate, Patna with a direction to the trial court to expedite the trial.

(Arun Kumar, J) S.KUMAR/- U T