BABLOO TIWARI @ GOVIND TIWARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for both the sides.

(2.) THE petitioner was detained pursuant to order dated 19.11.2008, issued by the District Magistrate, Patna under Section 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter to be referred to as "Act"). Allegation against the petitioner was that he was an accused in Pirbahore Police Station Case No. 110/08 dated 31.5.2008 under Sections 385 and 387 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. He was also an accused in Pirbahore Police Station Case No. 218/08 dated 23.8.2008 under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act. It is stated that he was granted bail in Pirbahore Police Station Case No. 218/ 08. Without any reason Kadamkuan Police Station Case No. 212/08 was registered under Arms Act even then no arms were recovered.

(3.) IT is the contention of the petitioner that at the time of occurrence of the crime in Pirbahore Police Station Case No. 110/08 the petitioner was not present at the place of occurrence. It is also submitted that no arms were recovered at any time from the possession of the petitioner.