Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21989 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -KHAJEKALA District- PATNA ======================================================

1. Md. Azad, Son of Zaki Ahmad @ Jakku Mian, Resident of Kashmiri Kothi, Airtel Tower, P.S. Khajekalan, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Rafi Ahmad For the Opposite Party/s : Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Khajekala P.S. Case No. 52 of 2018, registered for offences punishable under Sections 25(1-b) a/26 of the Arms Act. Allegation against the petitioner is of recovery of one loaded country made pistol from his house.

It has been submitted on behalf of the petitioner that he has been made accused in this case at the instance of his enemy and in fact nothing has been recovered from the house of the petitioner rather the recovery has been made from other place. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case as well as the fact that petitioner has criminal antecedents and one of the cases also relates to Arms Act,

Patna High Court Cr.Misc. No.21989 of 2018 (3) dt.15-05-2018 2/2 as such, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed. However, the petitioner, if so desire may surrender before the court below and pray for regular bail, which will be considered on the merit of the case.

(Vinod Kumar Sinha, J) sunil/- U T