Mahboob Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81523 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- Banma Itahari District- Saharsa ====================================================== Mahboob Alam S/o Late Kalimuddin @ Md. Kalimuddin R/o VillageLachminiya, PS- Banma Ithari, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate :

Mr. Bhaskar Shankar, Advocate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-02-2025 Heard the parties.

2. The petitioner is in judicial custody in connection with Banma Ithari P.S. Case No. 12 of 2024 for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-B)a, 26(I) (II) and 35 of the Arms Act, lodged on 11.04.2024 by the informant, Anil Kumar Singh.

3. As per the prosecution story, the informant alleged that upon information, the house of the petitioner's father Mahboob Alam was raided and it was found that he/family members are running the business of manufacturing of illegal arms. Huge quantity of arms and ammunition were recovered beside semi-manufactured parts of country made gun/country made revolvers. As no valid papers were shown and the accused

Patna High Court CR. MISC. No.81523 of 2024(2) dt.12-02-2025 2/2 arrested, petitioner being one of them.

4. Learned Senior Counsel for the petitioner submits that Police due to enmity has implicated showing presence of number of arms in his house for which he has already suffered by being in custody since 11.04.2024 (paragraph no.12 of the petition).

5. Learned APP for the State opposes the prayer submitting that the entire F.I.R. shows that the arms were manufactured at his place and in that process the raid was made in which beside him, his sons who were also visiting the place as per their story got implicated which reflects in their bail order.

6. Having gone through the facts of the case and the materials on record, there is direct allegation against this petitioner of having stored number of arms as reflect from the F.I.R. in that background, for the present, this Court is not inclined to extend him the privilege of bail.

7. Accordingly, the bail application stands rejected. (Rajiv Roy, J) vinayak/- U T