Sanjeet Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49486 of 2018 Arising Out of PS. Case No.-290 Year-2018 Thana- MASAUDHI District- Patna ====================================================== Sanjeet Kumar @ Sanjeev Kumar S/o Rama Shankar Paswan @ Ram Shankar Paswan, Resident of Village - Kharant, P.S. - Masaurhi, District - Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Ji Ojha, Adv.

Mr. Sheo Nandan Pandit, Adv For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-08-2018 Heard Sri Bachan Ji Ojha, learned counsel, assisted by Sri Sheo Nandan Pandit, learned counsel for the petitioner. None appeared on behalf of the State.

The sole petitioner, who is in custody since `04.05.2018 in Masaurhi P.S. Case No.290 of 2018 registered for the offence under Sections 25(1-b)a/26/35 of the Arms Act, has prayed for grant of bail.

Learned counsel for the petitioner submits that it is true that the petitioner was arrested along with another accused, from whose possession, a loaded country-made pistol was recovered, fact remains that nothing was recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner was also made accused in

Patna High Court Cr.Misc. No.49486 of 2018(2) dt.20-08-2018 2/2 Masaurhi P.S. Case No.289 of 2018 registered for the offence under Section 147, 148, 149, 452, 341, 342, 504, 506, 307, 364 of the Indian Penal Code and Section 27 of the Arms Act, but in the said case, the petitioner has already been granted bail by the learned Sessions Court. On the aforesaid ground, a prayer has been made for granting bail.

However, on perusal of the F.I.R., it is evident that from a room, where a raid was being conducted by the police, one person was apprehended and on his disclosure, the victim boy, who was kidnapped, was recovered and this petitioner along with another accused started fleeing after seeing the police, however both were apprehended and one country-made pistol with two live cartridges was recovered . Considering the nature of accusation, there is no reason to pass favourable order. The prayer for bail stands rejected.

(Rakesh Kumar, J.) nawalkrs/- U T