The High Court at Patna, in an oral order, rejected the petitioner's application for bail in a case under the Arms Act regarding the recovery of a country-made pistol and live cartridges, directing him to renew the prayer after charge-framing.
Bail application rejected; petitioner directed to renew prayer after charge-framing.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16320 of 2018
Arising Out of PS. Case No.-687 Year-2017 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur
======================================================
Md. Salim @ Pinku, S/o Abdul Rahman, Resident of Chandwara, Pakki Sarai, P.S.- Nagar, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. SRI RAJEEV NAYAN ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 26-03-2018
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody since 21.09.2017, seeks bail in connection with Nagar P.S. Case No.687 of 2017 (Trial No.1496 of 2017), registered under Sections 25(1-b)a, 26 & 35 of the Arms Act.
Allegation in brief is that police apprehended some miscreants as suspected that they had assembled for making plan of committing dacoity and one country made pistol with two live cartridges were recovered from possession of the petitioner.
Submission is that the petitioner is in custody since 21.09.2017 and other co-accused Shahbaz @ Raza has been
Patna High Court Cr.Misc. No.16320 of 2018(2) dt.26-03-2018 2/2
admitted to bail by a coordinate Bench of this Court as well as one co-accused, Dinesh Paswan @ Gorka by this Court vide Cr. Misc. Nos.6410 of 2018 and 13708 of 2018 on 06.02.2018 and 08.03.2018 respectively whereas the learned counsel for the State submits that the case of the petitioner stands on different footing from these two petitioners as the petitioner has got criminal antecedent as well as there is recovery of a country made pistol with two live cartridges from him.
Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is presently rejected in connection with Nagar P.S. Case No.687 of 2017 (Trial No.1496 of 2017), pending in the court of learned Sub-Judge, 15-cumAdditional Chief Judicial Magistrate, Muzaffarpur.
Petitioner, if so advised, may renew his prayer of bail after framing of the charge.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in an Arms Act case pending trial.
Md. Salim @ Pinku
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
