Patna High CourtCR. MISC./70420/2023rejected

Sajesh Roy @ Rajesh Roy v. The State Of Bihar

2023-11-01Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70420 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== Sajesh Roy @ Rajesh Roy Son Of Late Chandradev Roy Resident Of Village -Sitacharan, Ps- Muffasil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Muffasil P.S. Case No. 266 of 2023 dated 21.07.2023 instituted for the offence punishable under Section 25(1-B)(a)/26 of the Arms Act.

3. Allegation against the petitioner is that one country made pistol and four live cartridges have been recovered from his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the said recovery was made from the house which belongs to joint family. Learned counsel for the petitioner submits that petitioner has no concern with the

Patna High Court CR. MISC. No.70420 of 2023(2) dt.01-11-2023 2/2 said arms and cartridges. Learned counsel for the petitioner submits that there is no compliance of Section 100 of Cr.P.C. in preparation of alleged seizure list. Lastly, it has been submitted that petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Since the said recovery has been made from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of petitioner is rejected.

(Khatim Reza, J) premchand/- U T