Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86573 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- BIHRA District- Saharsa ====================================================== MD. SHAMIM S/o Md. Naiyeem Akhtar R/o Village- Chandrayan, P.S.- Nauhatta, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Bihra P.S. Case No. 154 of 2019 registered under sections 25(1-b)A, 26, 35 of the Arms Act pending in the Court of Chief Judicial Magistrate, Saharsa.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. No arms and ammunition has been recovered from the possession of the petitioner. Further submission is that petitioner is in custody since 29.08.2019.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner has criminal antecedent and from his possession, one

Patna High Court CR. MISC. No.86573 of 2019(2) dt.20-01-2020 2/2 loaded country made pistol has been recovered. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, liberty is given to the petitioner to renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) shailendra/- U T