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Patna High CourtCR. MISC./75802/2019rejected

Md. Asharuddin @ Md. Ajhar @ Ajhar @ Ashlam @ Md. Asar v. The State Of Bihar

2020-01-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75802 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== MD. ASHARUDDIN @ MD. AJHAR @ AJHAR @ ASHLAM @ MD. ASAR Son of Md. Islam @ Asalam Mia Resident of Village - Khuthadih, P.S.- Barahiya, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Barahiya P.S. Case No. 35 of 2019 registered under sections 25(1-b)(a)/26/35 of the Arms Act.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is in custody since 03.02.2019.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that from the possession of the petitioner, one country made pistol and five live cartridges have been recovered. Further he submits that

Patna High Court CR. MISC. No.75802 of 2019(3) dt.17-01-2020 2/2 petitioner is a notorious criminal. He is accused in eleven other cases, as detailed in paragraph-3 of the bail application. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is granted to the petitioner to renew his prayer for bail after framing of charge. (Arvind Srivastava, J) shailendra/- U T