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Patna High CourtCR. MISC./69009/2019rejected

Rambabu Shahni v. The State Of Bihar

2019-11-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69009 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Rambabu Shahni, Aged about 55 years, Male, Son of Late Dewaki Shahni, R/o Village Dharpur Minapur, Police Station Minapur, District Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Nath Tiwari For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-11-2019 Heard both sides.

The petitioner apprehends his arrest in Minapur P.S. Case No.36 of 2019, registered under Sections 25(1-B)/26/35 of the Arms Act.

The informant alleged that when he reached near the house of Rambabu Sahani, situated in Village Dharpur, the informant saw many persons sitting there but Rambabu Sahani managed to flee away. Seven persons were apprehended and on search huge quantity of arms and ammunitions besides other articles were recovered from their possession. Learned counsel for the petitioner submits that the apprehended accused were sitting in and around wood fire in the cattle shade of the petitioner. The son of the petitioner was also present there but the son of the petitioner had no knowledge that

Patna High Court CR. MISC. No.69009 of 2019(2) dt.14-11-2019 2/2 the apprehended accused were armed with arms and ammunitions. It is further submitted that recently the informant was apprehended by the S.S.P. on the allegation that he used to implicate innocent persons after putting liquor or arms in their house but it appears from perusal of the FIR itself that many persons had assembled in the house of the petitioner and on search huge quantity of arms and ammunitions were recovered from their possession but the petitioner managed to flee away. There is no material to show that the petitioner has got any enmity with the S.H.O. of Minapur P.S.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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