SANTOSH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner who happens to be an accused relating to Hulasganj P.S. Case No.43/2012, G.R. No.1268/2012 pending before Smt. Namita Singh, Sub-Judge-III/ACJM, Jehanabad has challenged the order dtd. 14/10/2016 whereby and whereunder the learned lower court has rejected the prayer of the petitioner purported to be under Sec. 239 of the Cr.P.C.

(2.) As is evident, the case has been registered on the self statement of S.I., Bilas Paswan of Hulasganj P.S. divulging the fact that during course of investigation of case no.40/2012, they have conducted raid at the house of Ram Sujan Sharma lying at village Kewla in order to apprehend. During course of returning, they received confidential information with regard to possession of unlicensed rifle by Lala Sharma @ Manoj Sharma of village-Biro whereupon, raid was conducted and in presence of two witnesses namely Nawal Kishore Sharma and Raghwendra Sharma have was searched whereupon one loaded rifle, containing five live cartridges, in a magazine have been recovered, seized. On query, Lala Sharma @ Manoj Sharma and his son Rajnish Kumar @ Vicky Sharma disclosed that they have purchased it from his co-villager Santosh Sharma for Rs.25,000.00. Accordingly, after registration of Hulasganj P.S. Case No.43/2012 investigation commenced and concluded by way of submission of charge sheet followed with order of cognizance and accordingly, the order impugned.

(3.) It has been submitted at the end of the petitioner that nothing has been recovered from his possession. Save and except inculpatory confessional statement of a co-accused, no other evidence has been collected by the police. As such, there happens to be no evidence which could justify the finding recorded by the learned lower court. Consequent thereupon, same be set aside.