Patna High CourtCR. MISC./1796/2024dismissed

Prabhu Das v. The State Of Bihar

2024-01-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1796 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- KASMA District- Aurangabad ====================================================== Prabhu Das SON OF LAXMAN DAS RESIDENT OF VILLAGE- CHENW, PS- KASMA, DIST- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 18.08.2023 in connection with Kasma P.S. Case No. 140/2023 registered for the offence punishable under Sections 25(1-b) a/25(1-a) /26(1), 26(II)/28 of the Arms Act.

3. As per the prosecution case, there is huge recovery of arms and materials for making arms from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that nothing incriminating has been recovered from the possession of the petitioner. It is further submitted that the petitioner is not the owner of the house. The petitioner has no criminal antecedents.

Patna High Court CR. MISC. No.1796 of 2024(2) dt.18-01-2024 2/2

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. He further submits that there is huge recovery of arms and materials for making arms from the house of the petitioner and the petitioner was seen running away from the spot.

6. Considering the facts and circumstances of the case and also the allegations that the petitioner was running an arms factory for manufacturing of illegal arms, I am not inclined to grant bail to this petitioner. It is, accordingly, dismissed.

7. The trial Court is directed to expedite the trial. (Sandeep Kumar, J) Saif/- U