Pankaj Kamar vs The State Of Bihar
2021 Latest Caselaw 362 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.33013 of 2020
        Arising Out of PS. Case No.-51 Year-2020 Thana- KARTAHA District- Vaishali
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Pankaj Kamar, aged about 25 years, (male), Son of Shiv Kumar Sah @ Shiv Kumar Gupta, resident of Village- Ghataro, P.S.- Kartahan, District- Vaishali at Hajipur.

... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

  For the Petitioner/s     :        Mr. Anish Chandra, Advocate
  For the State            :        Mr. Anant Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-01-2021

Heard Mr. Anish Chandra, learned counsel for the

petitioner and Mr. Anant Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Kartahan PS Case No.51 of 2020 dated 16.06.2020, instituted

under Section 414 of the Indian Penal Code and Sections 25(1-

b)a/ 26(b)/ 35 of the Arms Act,1959 (hereinafter referred to as

the 'Act').

3. The allegation against the petitioner and co-

accused, Manish Kumar, is that upon the police catching them

while they were going on a motorcycle, from the person of the

petitioner, one loaded country made pistol was recovered and

from co-accused, one live cartridge was recovered and further,

that the motorcycle was said to be of the petitioner, but was Patna High Court CR. MISC. No.33013 of 2020 dt.27-01-2021

found to be stolen.

4. Learned counsel for the petitioner submitted that

the petitioner has been falsely implicated. It was further

submitted that the petitioner is in custody since 17.06.2020.

Further submission is that co-accused has been granted bail.

5. Learned APP submitted that besides there being

recovery of loaded country made pistol from the petitioner and

the stolen motorcycle, he carries antecedent of six other cases;

all under serious sections of the Indian Penal Code and the Act,

and thus, he is a veteran criminal. It was further submitted that

the co-accused has been granted bail by the Court below itself,

which clearly indicates that he may not be having criminal

antecedent.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to enlarge the petitioner on bail, for the

present.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T