The Patna High Court rejected the petitioner's prayer for anticipatory bail in a case involving an automatic pistol recovered from a third party's house, noting the petitioner allegedly supplied the weapon.
Prayer for anticipatory bail rejected; petitioner advised to surrender and apply for bail before the lower court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11828 of 2018
Arising Out of PS. Case No.-347 Year-2017 Thana- LAHERIASARAI District- Darbhanga
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Om Prakash Sahni @ Om Prakash @ Dahaur Sahni, S/o Late Ramratan Sahni @ Ratan Sahni, Resident of Village Tataila Chak, Tola Ganauli, P.S. Kamtaul, Dist. Darbhanga.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
2 27-02-2018
Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is apprehending his arrest in connection with Lahariyasarai P.S. Case No. 347 of 2017 registered for offences under sections 414 of the Indian Penal Code and Section 25(1-B) (a), 35 of the Arms Act.
As per allegation, one Angad Kumar has recently came out from the jail, his house was searched from where the police recovered one automatic pistol. On enquiry, he has stated to the police that he has purchased the pistol from the petitioner.
Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
Patna High Court Cr.Misc. No.11828 of 2018(2) dt.27-02-2018 2/2
Accordingly, the prayer for anticipatory bail of the petitioner, namely, Om Prakash Sahni @ Om Prakash @ Dahaur Sahni is rejected.
If the petitioner surrenders before the court below and prays for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law.
(Shivaji Pandey, J)
rishi/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who is apprehending arrest in a case involving possession of an automatic pistol.
Om Prakash Sahni
State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
