IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5237 of 2010 MD.AURANG @ AURANGJEB, Son of Md. Foshan, resident of Village-Bishanpur, P.S. Asarganj, District-Munger. -------------- Petitioner Versus STATE OF BIHAR ----------- 03 17-03-2010 Heard Mr. Manoj Kumar Jha,learned counsel for the petitioner, and learned A.P.P. for the State. The petitioner, who is in custody in connection with Asarganj P.S. Case No.18 of 2006 for offences under Sections 25(1-a)A, 25(1-b)A,25(1-c)A,26(i)(ii),(iii) and 35 of the Arms Act, has prayed for grant of bail. Learned counsel for the petitioner submits that nothing was recovered from the conscious possession of the petitioner. He further submits that the petitioner has been made accused only on the basis of identification of the Chowkidar. On these grounds, he has made a prayer for grant of bail. Learned counsel for the State, while opposing the prayer for bail, submits that F.I.R. was registered in the year 2006 and after lapse of several years, the petitioner could be taken into custody. - 2 - Learned counsel for the petitioner submits that the petitioner was doing some job in Delhi and, as such, he had never absconded. In the present case, on secret information, police party conducted a raid in the house of Safo Mian. Immediately after seeing the police party, all the three accused persons started fleeing away and in that course this petitioner was identified by the Chowkidar. On search being conducted in the house of Safo Mian, it was found that a mini gun factory was running. In view of the serious allegation, I am not inclined to grant the privilege of bail to the petitioner. However, it is desirable to direct the court below to expedite the initiation and conclusion of the trial. With the above observation and direction, the petition for bail is rejected. NKS/- ( Rakesh Kumar, J)