Patna High Court - Orders
Md. Ali Raza vs The State Of Bihar on 16 July, 2014
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9599 of 2014
Arising Out of PS.Case No. -262 Year- 2013 Thana -PIRO District- BHOJPUR
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MD. ALI RAZA SON OF MD. JAINUL ABADIN RESIDENT OF
VILLAGE - MIRZAPUR BAVDAH, POLICE STATION - MUFFASIL,
DISTRICT - MUNGER
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S
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With
Criminal Miscellaneous No.12884 of 2014
Arising Out of P.S. Case No. -262 Year- 2013 Thana -PIRO District- BHOJPUR
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SHASHI BHUSHAN SINGH S/O SRI RAM SINGH RESIDENT OF
VILLAGE CHATURBHUJI BARAO, P.S. PIRO, DISTRICT BHOJPUR.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S
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Appearance:
(In Cr. Misc. No.9599 of 2014)
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Adv.
For the State : Mr. Anuj Kr. Srivastava, APP.
(In Cr. Misc. No.12884 of 2014)
For the Petitioner/s : Mr. Abhay Kumar Pandey, Adv.
For the State : Mr. Kr. Virendra Narayan, APP.
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
5 16-07-2014Criminal Miscellaneous No.12884 of 2014 as well as Criminal Miscellaneous No.9599 of 2014 commonly originate on the basis of Piro P.S. Case No.262 of 2013 as such have been heard together and are being disposed of by a common order.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
On getting confidential information a raid Patna High Court Cr.Misc. No.9599 of 2014 (5) dt.16-07-2014 2 was conducted at the house of Shashi Bhushan Singh and during course of search, apart from recovery of one countrymade loaded pistol along with cartridges, Nokia mobile set, huge quantity of firearms ammunition as per seizure list have been seized from his room, house. Furthermore, on his disclosure that other accused are also to join along with arms and ammunition. Md. Tausif @ Rinku, Md. Ali Raza were apprehended on pointing out by him and from whose possession, semi built arms along with cartridges of different bore were seized and for that separate seizure list have been prepared.
It has been submitted on behalf of petitioner Shashi Bhushan Singh that he has got no criminal antecedent. Furthermore, flatly refused the factum of recovery including from his conscious possession of the arms and ammunition apart from the fact that petitioner happens to be under custody since 08.10.2013.
So far petitioner Md. Ali Raza is concerned, it has been submitted that his case lies on similar Patna High Court Cr.Misc. No.9599 of 2014 (5) dt.16-07-2014 3 footing than that of Md. Tausif @ Rinku, who had already been granted bail vide order dated 22.05.2014 passed in Cr. Misc. No.14473 of 2014 save and except Md. Tausif @ Rinku has got one case in hand as criminal antecedent while petitioner has got two to his credit and for that submitted that petitioner is under custody since 08.10.2013. It has also been submitted that there happens to be some sort of discrepancy in the prosecution case to the extent of their interest because of the fact that as per seizure list the seizure has been shown as on 07.10.2013 at about 08:30 A.M. (overwriting) which is not at all found corroborated with the contents of FIR wherein the time has been shown as 10-15 A.M. Apart from this, also submitted that as per Section 45(c) of the Arms Act save and except the cartridges, the other items so seized from their possession was not at all capable of being used as firearm which is itself evident from ballistic expert report hence could not be used as firearm.
On the other hand, learned Additional Patna High Court Cr.Misc. No.9599 of 2014 (5) dt.16-07-2014 4 Public Prosecutor opposed the prayer and submitted that case of both two petitioners stood on two different footing. With regard to plea of petitioner Shashi Bhushan Singh, prima facie material happens to be with regard to recovery of huge quantity of arms and ammunition which have been found operative as per ballistic expert report and for that, petitioner has got no explanation. So far, Md. Ali Raza is concerned, apart from nature of recovery his case stood on similar footing than that of Md. Tausif @ Rinku.
In the aforesaid facts and circumstances of the case, petitioner Md. Ali Raza is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No.262 of 2013, while prayer for bail of petitioner Shashi Bhushan Singh is hereby rejected.
(Aditya Kumar Trivedi, J.) PN/-
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