Chandu Paswan @ Chandu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82287 of 2019 Arising Out of PS. Case No.-482 Year-2019 Thana- DIGHA District- Patna ====================================================== Chandu Paswan @ Chandu Kumar, son of Dilip Paswan, Resident of VillageRamjee Chak, P.S.- Digha, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarwan Kumar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Digha PS Case No.482 of 2019 dated 20.08.2019 instituted under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. The allegation against the petitioner is that he was dealing in the business of supply of arms.
4. Learned counsel for the petitioner submitted that he was neither caught at the spot nor was the person, who is said to be party to the incident, which occurred resulting in lodging of the First Information Report. It was submitted that only because the person caught from whom a loaded pistol and one live cartridge was recovered having named the petitioner as the
Patna High Court CR. MISC. No.82287 of 2019 dt.12-12-2019 2/2 person from whom the arm was purchased, he has been made an accused.
5. Learned APP submitted that besides the petitioner having one other criminal case against him under the Arms Act, the fact that he supplies/sells illegal arms clearly shows that he is in the business of such trade and thus, does not deserve the privilege of anticipatory bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.
7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T