Patna High CourtCR. MISC./58473/2018dismissed

Jamsaid Mansoori @ Md. Jamsaid v. The State Of Bihar

2018-12-18Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58473 of 2018 Arising Out of PS. Case No.-120 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== Jamsaid Mansoori @ Md. Jamsaid S/o Habib Mansoori, R/o Vill.- Pandarahi, P.S.- Belsand, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Belsdand P.S. Case No. 120 of 2018 dated 27.06.2018 instituted under Sections 25(1-B) a/26/35 of the Arms Act.

3. The allegation against the petitioner and two others is of possessing fire arms but before seizure could be made or they be caught, they managed to flee away.

4. Learned counsel for the petitioner submitted that there is no recovery as the petitioner has not been arrested with any fire arms. It was further submitted that similarly situated co-accused Md. Tammane @ Tamanne has been granted anticipatory bail by a

Patna High Court Cr.Misc. No.58473 of 2018 dt.18-12-2018 2/2 Coordinate Bench by order dated 10.10.2018 in Cr. Misc. No. 56444 of 2018.

5. Learned A.P.P. submitted that there is specific averment that there was a country made revolver with the petitioner and further there are two more cases pending against him.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the application stands dismissed.

7. However, if the petitioner surrenders before the court below and seeks bail within three weeks from today, the same shall be considered on its own merit, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J) Nasimul/- AFR/NAFR CAV DATE Uploading Date 20-12-2018 Transmission Date 20-12-2018