Dismissed¶¶22

Mobassir Alam @ Bhim Singh v. The State of Bihar

Patna HC22 Feb 2024CR. MISC./8752/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected - Arms Act Sections 25(1-B)a, 25(1-a), 26(ii), 35 - seizure of two country made pistols, cartridges and manufacturing tools from petitioner's conscious possession - disclosure by co-accused Rabindra Kumar - direction to surrender within six weeks - Court below free to consider bail on merits - Patna High Court Criminal Miscellaneous No.8752 of 2024, decided 22-02-2024, Chandra Prakash Singh, J.

What did the court decide?

Having regard to the facts and circumstances and the recovery of arms and cartridges from the petitioner's conscious possession, no case for grant of anticipatory bail is made out. ¶¶21

Mobassir Alam @ Bhim Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8752 of 2024

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Arising Out of PS. Case No.-470 Year-2023 Thana- BELAGANJ District- Gaya

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======================================================

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Mobassir Alam @ Bhim Singh Son Of Late Mansoor Alam Original Resident Of Village-Shekha Bigha, P.S.-Belaganj, District-Gaya, Presently Residing At Mohalla-Usmanbagh, Islampur, P.S.-Islampur, District-Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 22-02-2024

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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2. The petitioner is apprehending his arrest in connection with Belaganj P.S. Case No. 470 of 2023 dated 18.07.2023 registered for the offences punishable under Sections 25(1-B)a, 25(1-a), 26(ii) and 35 of the Arms Act.

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3 . As per the prosecution case, the informant

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Chandan Kumar Singh got an information that one Rabindra Kumar who was apprehended with arms from Hulasganj police, disclosed that he purchased the arms from Mobassir Alam (petitioner). On the basis of this

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Patna High Court CR. MISC. No.8752 of 2024(2) dt.22-02-2024 2/3

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information, the house of the petitioner was raided and two country made pistols, one half made country made pistol, empty magazine of pistol, two misfired cartridges, four empty cartridges, one drill machine, one iron vice, two scrappers and other manufacturing articles were seized.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner has no concern with the alleged offence. Learned counsel has further submitted the petitioner has not been residing in the said house from where the recovery has been made. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

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5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner and submitted that several arms and cartridges were recovered from the house of the petitioner, hence the petitioner does not deserve the privilege of anticipatory bail.

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6. Considering the aforesaid facts and circumstances of the case as well as the recovery of arms and cartridges from the conscious possession of the

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Patna High Court CR. MISC. No.8752 of 2024(2) dt.22-02-2024 3/3

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petitioner, I am of the view that no case for grant of anticipatory bail is made out. Accordingly, the petition is rejected and the petitioner is directed to surrender to the Court below within six weeks from the date of this order and the Court below will consider the prayer of bail of the petitioner in accordance with law and on its own merits without being prejudiced by this order.

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7. The application stands rejected.

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(Chandra Prakash Singh, J)

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annpurna/-

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U T

Mobassir Alam @ Bhim Singh v. The State of Bihar

Case brief

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Mobassir Alam @ Bhim Singh v. The State of Bihar

Case brief

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