High CourtsSingle Bench(2019) 12 PAT CK 0229

Dhiraj Kumar @ Sharwan Kumar vs State Of Bihar

Patna High Court · Decided on 18 December 2019

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous No. 56182 Of 2019

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Judgment

7 paragraphs · 316 words
1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Garhpura P S Case No. 18 of 2019 dated 01.02.2019 instituted under Sections 420/ 414 of the Indian Penal Code and 25 (1-B)A of Arms Act.

3.

The allegation against the petitioner is that from his house illegal firearms and ammunition as well as a motorcycle without papers were recovered along with three AADHAR Cards in his name with different addresses.

4.

Learned counsel for the petitioner submitted that nobody has come forward to claim that the motorcycle was stolen and further that the house was not fully constructed and, thus, the recovery from there cannot automatically be said to be from the petitioner. It was further submitted that the petitioner's address changed due to twice the village in which he was residing being submerged and this led to him having three AADHAR cards with different addresses, though the name of his father is the same in all three. It was submitted that petitioner is in custody since 27.05.2019.

5.

Learned APP, from the case diary, submitted that the recovery of the articles is from the house of the petitioner for which no paper was shown to the authorities, and most importantly, three AADHAR Cards had different numbers, which clearly proves that the petitioner had tried to create three separate identities. It was further submitted that had it been a simple case of change of address, the AADHAR Card number would not have changed, and only a fresh card bearing the same number would have been issued as one AADHAR number is allotted to one person and is permanent and life long.

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.

7.

Accordingly, the application stands dismissed.